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FEDERAL BUREAU OF INVESTIGATION 
FOI/PA 

DELETED PAGE INFORMATION SHEET 
Civil Action# 16-cv-01850 

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OFOTwmefeRN 


CLASSiriEC BY: NSIEG J76J1STS0 


REASON: 1.4 (C> 

CECLASSirV Olf: 12-31-2041 
CATE: 11-25-2016 


ALL INFORllATia'I CONTAINED 
HEREIN IS UlfCLASSiriED EXCEF-T 
“KHEKE SHCSiTI CTHER'i-ilSE 


SECTION K 

l^CHgESENTATIO NS P CEBTIFICATIONS 
80LK:rrAii(>N 


tSj 


S2 .203-2 CERTIFICAl-E OF IST)EEENI>EN1' FRICE RETIRMINATION 


(U) (s) I'lie offeror ceriiili;?. thai - 


(U) { 1 ) 11H' prices io ^ bss offer ijiive srrhaxi sodeperOeiitiy. vvIUkxO, (br the purpose of restrkhlog 

coospehtiotxaoy consufeahsin, cosooRioiciuian, or ggrocotent with any other oficror or eonipetiior relsliog io 
Ci) those pricesAs!) tiic hTtenthin kt sobtvut an ofTop or (ih) the ntehtods or factors imd to caleoiate the prices 


■ffe.red: 


(U) (2i The prices in this offer have not been and will not Ik knowing k disclosed by the otlixop directly or 

indireed.\i to any citltor oi’i’crcsr or compedtor liefo.s'C bid opc.nirig (in the ca.se of a scalcti bkl st.)hciiatk>n) or 
cootracto die case of a ocgothned. soheitalie.o) unio.ss otbcrwisc required by law; and. 

(:>( No alternpi hat been outrie or will b& nutdc by the olTcror to indiscc any other concern lo sobtnit or 
ns>t to subioit an o.tfcr for dtc nnrnose of restricting conipciition.. (b) Eads signatike on the oiler is considered 


]\i}i lo iio oticr for tf)C ot (b? Ob 

to hi^ a c.crtiik;ition by ti;e signa.io.ry that the ss.goaioty - 

(U) (I ) Is the |>erson in ihc offc.ro.ra organiaatiott respoosibfc for tleterniining tlic prktw being oliered in this 
bid or ptxvposijL and t:hat Itic slgiOitory has not pasticipated aitd will .not partieijntie lo a.ny action eootrars^ S:a 
stibnarattrenba laid I throopii {3.)(3) ahi::rve;. tir 


Ihiscri frili ttantc r,ff |xxaoit(s) In the otferor's otganitratlos-i respooslbie lor doterrttining the prices offctcti in this 
bid iO' pro|H>sa.l and the title of his or iter iresitioo io the offerorSo.s^aniaittioo]; 


i.i) As a.n atstht>rkcd age:ot, does cert.ify' titat the principals oaroed in subdivialon (b)(2)(i) ab^sve htive not 
parbcipatod, and will ttot part:icq5ate^ In any actirsn contrary to subparagraphs (a)i I) througii (aX3) abtjvc; and 


(hi) As art a-gent, hjis not pe.rsorJa!iy patticipatcth and svlii not participate, y Ction cootra.ry to 
sofeparagrapiis (aK 1 1 ibrougis ('s>(c) alcove. 

(ct If tl'sc offeror ddetsw iir snodiOes soiq)aragrapit ia)| 2) above: the ofTcro.r mtist lurnls.b sv.ids its s>Rcf a 
signed staienrent setting fonh in detail the ciret.anstanccs of the dlseiosisre. 


52.2b3-4 CX.INTrNCENl' I'EE REFRESENTATION AND AfJREEMENT 


(U) (a) Rcprese.tg:atioo, 'llic oftctXA t'oprcse:r!ts titat, excepf for fall-time bosta tide employees v-vssrkiog solely 

for the t>lTcroi; the otTeror - 


I Note; The ofTcrttr nsnsi. cheek tlte appropriate hs jxes. i:k?r interpredttion of the mpre mentation, ino hiding the 




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AP-104 



Xi:xm ''bonji fkk see Subpart 3,4 of the feuieriji Acipusstk>si Regulattoit.] 

(U) s i) [ ] has, Ivfttas noi efnpk>yed or retalnexi any t>ersost or coospasiy to solicit or obmm. thus eouts'aci; 
asid 

(U) 12) f 1 has, [ t^^'has oot paisl or sigreed to pa>^ to any persosi or coospany entpieyed or retahsed to sohcit 

or obtain diis contract asty eornstusalosL p6;t\;entage, bnvkersge, or other fee costt indent ypoo or ressiliiog frtao 
die nwas'd of this csatkract, 

(U) Agtecoiettt, The iifhasis' ngs'oes to provide iotbrsnation relating to the ithove Reprcscots^ilosi as 
reqsiested b>' Ihe Clontractlstg Officer si:od, vviieo subpatanraph {a)l I.) or (n)(2) Is answered aiTIrittatlvely, to 
protoptl)^ sijhsnlt tf? die tf oots'aeting Ofilear ~ 

(U) (I ) A eotopiefed Sdsndard Ihirsit ilb, fbatement of Chnitlngesit or Other f-oes, (Sf' I If)); or 

(U) (2) A signed statesitont Indicaiing thal the hh 1 1 9 it-ss ps^cviously sithmitled to the stime 
eonSTficliitc ofdoe, irscledlogthc date aori appllca-blc sollcitarisin or contniet nu-niber, asKi 
representing that die prior Sf' 1 1 9 applies to ifiis offer or ptiotatloo. 


nims mmituEMiorr M>RCE:rrffiCATif of FM>ciiMMENT imtegro^y. 


(U) i;a) idefinitioos. 'I'he.fk'hiiit.loiss at fAJf 3,1.94-4 are hereby incarporated in tills provision; 

(U) (b) (,'ei‘t.ificsdk>os. .As requ i.i'ed In tc) iif this p;toviskni, the oiTtcer 0?' employee. respotmlhltOor tills 

o.ifer shall es:ectstit the tblloivitig eeitidcatioo. I'h.e eeiiliioation in paragt'aph (h)('2) ol tins ;psx>vLsio.n h siot 
regnlrcd tor a. proetirentem of eomnies'C.ial ite.s'iiS. 

CfRUTICA'r'E Of FBOCfRFMFN'f rNlECiRriA' 



(O) (3) Violad'Oes s>i' posi'ilhie vlrdatioi^s; ((hantintse cm pla.sri bond pa|ae.r if net:essan^ and .faliel CettlfKartc of 
Ih'ticistesncnt Integi'hy (f'.-iiist:siuat:lott fdteet), i::;.N4lc.R NON.f:i .Kh^NIs i:tXIS’.r) 



AP-105 



THIS CERTf TrCA-nON CONCHKHS A MAITBR WriHIK IHB JHRimiCTION OF AH AGEHCY OF 
THF HNH'BD SlWn-S AND JHt MAKING OF A ¥ALm, FICTfOOl;a.OR FRAHDULFNT 
CFITHFICHriON NtAY REND BR 1HITM AKER TO RROSIRRJIlON UNDER 18, 

DNNED SmrES CODK ECiCTION I OOl , 

{Tlnd a.f esjs'il.fk&tforl) 

(U) (c) F'Or procursAVH'AsA, incOdsi^g coAtniO ix ssc<jss ol SlOOT^FF xisdA issis^g priH.'s.'.dii.sxA 

odier diax sealed. biedEn.g, iFe s.sgsied c£ftinea.tiAASs.hjjll be sid>fvy'Red bj- the siseeeasl'ul OtTei'OS:' JA die 
(.E«Ara£il.jm Officer ihe ibae psriad spccvHed bv tbe EorstrectiAg CHfOer vvisea repuesEs^g fhe 

ce.d:iOea£es except ce pro^dded. sa svsbpara-gi'aphs (c'lN ) threugis (e)l5) cf tbE Oasise. b'tno cvc.sit sba.|l the 
eert.ilk'ate be sisfeiA-Itted subseqaent ie a.ward of.a eeatrcel ar e.xe.eetk>B oTae:eatraei .aK)dlticat.ioA: 

(U) { I } bo!' letter eontreett-, At.her ut?pr.5ced con:t.EAete, Of osprieed eociraet nxKibloinions, vs-Tietber or .cot t.be 
ceprked- co.ittfact or soodiEeatlon coofa.l5is a tcaximu.nt or cel to exceed ptice, the sigoed certlt1c.st.;oo.s shay 
bi^ ssrbodtted prior tr; lilc .aorerd ed' rhe letter, eonioset, unprOed. eoritraet, or ttcptlced contract iccsdifie8th>c, 
acd prior to the dcRNticodvAi oTtbe. letter contract o.t the- establish tttent of the price o.t the onprieed. contract 
or onprseed eorttract tarttlttlcettoe . T he second certi.ticatktc. sbad eppig otdy tc tho peritKl bet.weejs awatd ol 
the .letter eontract ttnd. excctd-icti t>l rbe. doeistvscnt tlet.in.iti>ting the letteir contract., or stvard of the ttoptlced 
crmtraci or unpriced e.rntttnet ntothhedtion itnd c.xe.entk>n esfthe docainestt eatshitshlng the dclkdtlve price ol 
such tc.tprk'cd contract t.a' ttnpticctJ coot.Atct snodrlleation, 

(U) (2) Frn' ba.sk; o:rdef.inp apreettieutc, prior tcj th.c exeeatiott of s prsced order; prto.r to ti'ie edccastion. o.l a.n 
tatprleed order, wisether t.n' not. tt>e ucpric-ed o.rfief etcftatuc a inexctl-ntn or sent to exceed price; and, prior to 
cstabliabistg rite price rd' an itnpriecti order, Ute aecostd certificate tr; l>e subnntted tor isnprieod os'ders shall 
apply mh t>o ibe |>erlod beisveetha ward. of the ■anp.riced order and eaectklon ot'tbe docitinont cstabhsh.lng the 
defatkive price .for stseh 0 . 1 x 10 ?', 

(U) (o) .A eeititkytto E nttt retpih'ed lor indofto.kc detisan'v cond'acts (sec Sfihptifi. Id, 5) asifeas the totsl eAln'iated 
value cdkitll orders oventi.iaity to he plac-crl under the contract is expected to exceed $KXkth.K.K 

(U) (4) I'tor contracts and c?>inoict nioditkatlrnis whieb Inetiiiie options, a cerilEeate is rcqnli'cd tsden the 

aparegaic' va.lnc of the ccnittJ-e.t f>i' eonti'act. .inodifieation atnlab optlo.ns (see o<H)4~4(e)) exceeds S.IOOdlOO, 

(U) (.a) For pi.srposes of contraets es'itcrcd into under SCO tivsn 8(ii) of the SBA, the httsaxeas entity vvkh wbea'n the 
SBA ei>i'n:.ra.c.ts, attd .nrd. the S.BA, siedt t>e. repulrcd t.o comply with the certtllcaiion reqalremejks orstibsecilon 
T7(c). I'he SBA sittdl obtain t.he signed ce.rt.ifie.atc from the business entity and forrvard t:t?e certifieate to Ric 
(x.inu'ae.r:a'?g G.ITieer prior to the it^vai'd o.f a coiit.ra.et to the SHA, 



AP-106 




//ORCDNffW©F©ftN 


(U) (.vfiin Oilss'sjr I'o s^ibn'si? the tigTsed cesi.iliciiie svidin5 the ttfiie pre$ctihed by ihe Clos^tracting 

sh&l\ ciiii.se the ■offe.r lo he stjected. 


K'er 


(U) (d) bisrsiejnt te t'AR e. I (>4-9(<.i), (he OfTerOi' sney ha requested to exectPe addhh^nal eestibcaisons at the 

requetst td' the Chuverouienl. h it dure of an (dtleror to ?stthtuit the additioottl eetttfietdioos tthiih catise sts olTer to 
he rejected.. 

(U) (e) .A eeiii.bctubo eoutabh.og a dsselosttt'e of ti vio-letiost or posatble ■violiPton will not oeeesasrdy .result 
in the vvItJihokdog of eorani tsntler llu.s sohehahou. fiovvevet, the Clove rosoetit, after ex^aluati.on of the 
diselosufe, sosyv enneei this proeuresoent or titiee a.£5}^ other §ppropriele aetioits ist the kft-Orests of- the 
ClfOverrntKttu, such as dlatpislhlcnlion of'.ihe Ofteror, 

(U) (ih lo tua.kidg fhe et;rti.tk:atioo m paragraph (2) of the certificate* the oftke.r or entpk^yee ol the 
coo.ipet.h\a coutractor reapofssihie for ilte o.lTer .u5ay rely upou a oo.e-tdtte cert.hleation front each iod.ivtd.ua I 
s'etptired to siti.ttoit a cottifleabtuf ft> the eoot^teting eootraetoi; sappleotcnted by iseriodic tralulng. These 
certi.licattr>its sitaii bo ohtai.r!ed at the easdiest ^K>ss.ible dtite after Off iodlviduid requi.£t:d to certifV bt;isns 
etup lit v.uje of: or association with the eemtraetor.. 11' a conlt^tctor dee ides to re.ly ott a c.e.ttific.atioo es.octtied prior 
to the sti specs ion rtf' section 27 ii,,e.., prior ttt .Deeotuber i, itfgOy ■rbe (...tintraetor sf.tah . ensure that an indiv.iduai 
^S'htt has so certi.llod is sioudled that seetittn 2? has Iseen .t^:itts.tated> l.hese fiertif.'5C-atioos sha.l! be utaiofained by 
d>e Coittnurtor .for 6 years frrs'O the dtne a certify' tn.e e.rnpioye.e s e.tttployPfOhi' with the co.utpatty ends oo .for 
O'U a.gettt* reisresenf'utive, t>r cr;nsult.attt, 6 voters ■trttru the date suelf' tn.d;i:vtd.tss.l eeeses to act oti behalf ot the 
Cont'nietor, 

(U) (g) Cenifsestlons uoder paragraphs (b;i ftod (d) of tftis provisio'ff are nuperiat representatbfts trf 'faet 
upon vvlfteh rclisnee stall be piaeed i.u twvtsrdinga eootract. 


KA 

S2*2(ld~n CERTirKIAllON Ar^l> l>l'SCI..-OSI]Rb; REGARPIHCl R.AVbirilf^^TS I'G 
l^triA.tEAA;ECI^:;fr'rAi:^i'FEI>ERA:L 'rR^ENSAC'riONS 

(U) fa) llte defin.i.f:.iot:ss arb prohihitions contttlned i'n the elaiuse, at IsAR 52.20:7- ! 2, l.,.i.uutation oo ba'yfne.uts 
te5 InOtseneo Okrtsltt f'etieral 'fra'nsactionSv iod.rak>d itf this soiie.itatiO'U.i ere hereby incot|>orated hy referenee 
in psiragraph (b t of this eesi:itlcatioj^, 

(U) f^>l o'fteror. hy sieniog: its eftet, heoby certi.fks to the laest of his or her kriosvledge and Ixftief that 
Off (O' alter .Deeei'ober 25, .I9S9 

{ I ) No l-'.ederal appropriated funds have heotf paid o.r 'svlfl he .|;.^kl tO' any persott tor inftue.nclng or 
atte'Utptitfg to ioftaenee'an. officer or etuployee O'fany age.ucyv^ Metnhor' 0 '.f Cttnireas, an o.ftker or 
etnployee O't'C.iienys'ess, or ao employee of a hlenthcr of 'Congreas on- bis o.t her iaeltaff .in connection 
with ti'te awat'divsg of an.y l-edera! contract, the :nfaktisgof'a.ny l■■ede.ra.l gntnt, ibe nta.h.ing o.|- arsy hedertrl 
loan, the enter-Ing into of' any cooperative a^tentent, and tlte exteoaksfy eoottrtuatli->n, renevvai, 
atrsendn-tent or n-tod-lflcstfon of arty Ikderaf c.oht.tae-t, grant, leaty sar epO|>erati¥e agreen-ient; 

(21 If atty funds other ths-n f"ederal appropriated ftfnds (ine|nd.ing pro.ftt or fee received nttder a eov£.md 
f'edera! tra.£ 5 saetk>n) htsve been pa.kh or wifi be paid; -to asyv ^person for Itdl-uotteing-ctr £trtc-tnpti.ng to 
i.tstltie?ice tot otTieer or emplt>sa‘e of any agettey, a Mesnhet of Congress, ntt oft1ee.r or envployee o't 
Congress, or tut etnployoe of'tt .Nlemiter ofCongress 0:n hi.s or Iter bedsah' i'C eonneotktft vvi'ds this 
solicitation. .t:he ofTetot sitall et>s'riplcte ttnd subntit. svltlt its ol'ltny OMB starsdard -fonn l...-l.d...v Dlscktsu.s'C. 
of l.-obhj.dng Activities, to tite C-ot)tractlttg f>.ftker; a.£td 

(:>) l ie or she will ktehsdc. the kntg£iege oftlris ce-rti.fteatlon In- ell sabeontraet a.vva.rds at atp--' tier end 
reepure rhel ali reci-|>ie.£ks o-f: stfbet^.ntraet awards -i.n ex.£.ess of SIftOdUkI shall certify and disclose 
accord in eh-. 




^t// Q ' 


AP-107 



(U) (c) /^libs'rsissksjs Cif iivte ccrtH'lc;^?k>n md is a prerequisite for lotikiug or eotersog ioio this 

eonlraci int|x>sed bs- seerioit 1 352, tltic 3 1 , Vmi&d S!.ares C'ode, .Aut' pOBOn who o^akes m. expeudiiuro 
prohiisitod ooder this orssvision or tvho biils to Ilk. or aoseod the disc- losur& i:bn^t to be tiled or asTjetKied by tiiis 
provision; sstail be sriisjeot to a cit^il pentdt’v of .not less than $!(h.CKK); aod stot tnore thso $i.(KhOtH); for oacii 
such fadure. 


K,5 

S2,204-3 IhkXrAYEE IOE?iTiriC.ATION' 


(U) {s) iX'Orhtioos. "C'onttoon pereatf' as tssod l.o titis sokcitation provLsioo, otoons tiMt oorpottue eotily 
that owes or controls art eiltliatetl group of cort^omtioos that tiles Its Federal. i.ncomc tssx retttrus or? o 
consolidated basis, and rd' svhieh the otleror is a meiOlH'r, ‘klorponue statusy as used in this solicifotfon. 


prov.lsatsi, stteasts a. designation es t.o 'od^etite.r tite olteror is a s.t}rpttra-te eritky, ast uuisseorporsted. t^'Otity (e.g,, 
stile p.o'sprietorsidp ot^ partoorshlpr. tsr a co.rpt).ra.i.iO:t5 provklino uscsiical and health care se.rviccs, Fakpoyer 
ldenti.ficotit>o Nutubet^ t1lN)A ss usatl ist this sc.licitaitrat provlsioS; oteaos tbe ottndser .seqttircd by tin IkS to 


i>e 5.j.sad by the olfortir i.5t ropotliug income ts.>: and oiher returns, 

(U) dr) ,4 1 1 ofieu'ors are rerphrod to stfomir tbe ittfoittuttio.ts required itt paragraphs, (e) tfitougit te) of this 
stiiioitatifiu provisi.t>ts its order to contply vsirh repoP.i.sigs'oqui:setoents of fid t..f'S,€- dlMK b(t4l,A, and 60.50M. 
anti i.nrpien'iefdirsg i'egu.latliins issucrl by tbe i.Ptet'seri kevartue- hertdeo (IKS). Il rhe resttitiug eoutract is stskjoet 
IQ the s'epori'istg reqrsimusessts desetibed. is^ 4, §03, .t.be fo.ikjre ru' refusal by the ttllerfu' to fu.rtsisb tite 
l.nft:s.mktdon ntay rastsh: iu ;:s 3 1 r>ereettt redootioo ttf payoMots otitorwise due tiodor t.be contotet. 




1 


■[//] JOrORl'J " 




22m-5 WOMEN-OWNED BESI^^ESS. 


IJS) 

I.E^tlniuon, ■■WoniSi'l“(>'^vTK;i^ bssisinsss ■vfjsicsf'n," s$ us$d in diis provisiosi:- 'A co-occn^ wHic.h ss ai isj-ast 

~ 5 i percani owoeii by one or soore worneo; ri.r In riso case of any pofeHofy owned business, at loori 5 I percoia 
1^-^! of diu siock of which is owned by one or more wrjn^en; and svhose O'^ansgsriienl and dailv business operations 
ore eoniroiiod by osso or noore xyonreo, 


K,? 

S2f2i9-5 €ER11 FICATO:iN REC:;ARDIN€vOEBaHMENT, SIJSFENSMfN, 

FR<>|A)SFJ> BEBARMENIb kN^> Ol'HiB EESFON SIBIL! I'Y MAIl'BRS 
(U) (e) ( 1) The Offeror eesTifios., ux the best of its knowledge md boiief dm-~ 


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(i) lire oiTorot^ OtuEor an>' of ks Prineipais- ■ 

(.A| Are 1' } a.re not |w|' presently debarred:,, saspondod, proposed for dobarmeol,, or dee.lared 
inehgiisle Prr tite arvard of cootraets -by s.&y fe^dera.l.ageney; 

fB) fts.ve { ] iusve .nor xvitbln a th:ree"y.ea.e:pet.iod preeadlna ihk olfor, been eonvicied 

of or bad a elvl! iodgosnent' re.iKiorgd iigaiost t:hosr for: eonnnission of fraud or a ctimimil oBense 
in oonnewlon wills obtaining. stl.ompi.in.g to obtain, or pori'brnti.ng a public (Fedond, stale, or 
local) cofsiraet srs' ss^bconU^act; violati.s.?ts of Fedes'sl or slate n.ntirni.st atatoles .s'olat.ing lo the 
subn'dssitrsr of ofi'esrs; os^ eonsndssion of enrber:rlc.snent, thefb forgery, bribes')-; .fa.l.sitlc.atlon os' 
de-rrrnetion. f>f records, isistking false sr8.iesmn;ts, os' reccsvlsig Slolcst property; and 

aid .-Are (■ ] a.re not fof presonllv istdieted for, or oifscnvise cristslstally or civilly charged, by 
a .govorsMTscnrai esstspr rvslh, c.ostunission S.sf any of Ihe o.t?enses couiminsled Is; ssjbdsvlsiosl (a)( I ) 

(i)lB) oftb.is p!S.svs.:sion, 

fli) ifhe Offeror lists j ] has ssol [ of wirbis; a. ib.s'oe-y^ear period pree esBng this olTcr, iiad l>.nc 
or snOK: cospraeta lerntinaled Ids' debiultfey an>" fesieral agefscy, 

i .3) ''Pra’iC.spsia,” for the ^'Js,n'posod of dlis ecs'lifscation, ssestns ofricc.S': dirvetors; ownc.s'; 
partners: santi, laersons having griinstry snanagesnas-st or atspes'visory iPStPinsIbliities within a 
hnslstess esillty (o,g,, generis.!, niisoisger; plant otanagor:; head of a s.ub:Sidiar); d:lvisiosg os' busi5.sess 
.segsnenL asid sin'si.las' positions), 

11flb CERUFlCAffON COOCERAS A MAITER WitTIfM 11IE JUEIEDIGHOA OF AA AGENCY OF 
11 IE CNITED fflAffiS AAO IMB AIAKI AG A EA1..AE, lACIf HOUR OR FRAEDULENI' 

CERTfriCAIION MAV REAHER THE MAKER RUBi;EC1' 'ro FRObEUUTlOH GA:DER SECT10A .lOOE 
Trn..E I b, liAITED SIAIES COtTE. 

K,B 

52.2IS~6 TYPE 0:E 8UB:I.AESS 0R<fANI:Z,411ON 

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^^^|^>(^// ORCON//NOFORN 


AP-109 



S2.2I5-20 OF FE^rORM ANCIE 

(U) 'The- o.fferor f>r quoter. in the peefots-s^ince of s.ny conttnct resulting fron^ this sisyOintion, inOnds, 
rK:sl intend (ciieck appiicabk.' hioeklto tsse nne orniore pkiits os^ fseilhies locisted ats dillerent 
eddresg from the inhli-ess of the (rdhn-jt or t|uoter a$ intiicnied s.u dds ;pro|K>sai or tituttstinsn 
(U) (^) oiTeror nr qisolet checks "intends" 'm paoi graph (n) ui:K)ve, it shtJil O.sert in tbs spaces 
ptCivided behssv the fctirdrsd inibrn'satknn' Place of Perforuiance Name and Address oS: Ovener (.%reel .Address, 
City, t.’ounty, and Operan.sr of the Plant Slats, Zip Code) or ihacilii)^ .ii'-Otber than Oildror str Ouotsr 

K;id 

bl -1 
b3 -1 

iSi b4 -1 

b7E -2 

(U) (3) T'ht! sntaH husinsss siac sitnnia.td tot a tssncetn which subntits an oiler in its ovvtt .nc.ntc, edher than on a 
tttnso'tsctirjn or service cti.r!ttact, btstsohleh ptttpOses to lotnlsh a. pRtdtad. w.h.ie:h .itdid no-l it so It ntaplttsclnre, 
is .500 employees. 



(U) (b) Reptxjsentatiosts, 



(U) .(e) Iddltdt.ions. Snsatl hsisittess eonc.em, as osed ln this provision, rtseatss a eotic«t.n, itic .lading its 
aOlllatcc. thcl is indepetKien.iiy owned and operated, not dominattt.in tbs held of operation in wisieh it is 
bkidittg on Covettnnerd conlosets, and qtadilied as a. sntalitbttsiite.ss-5mder rite criteria in lo CFR .Past i2i and 
Lite size stiindard. in pa.ta.graph. (a.) of this ps'ovis.iotL 


(U) 


fhstnil dis.isdvantaaed isoslitcts cost.!iern, as stsed isi Ihlc provision, .snoasss sj snsail busistess co.steefn tisat (.1 ) .is at 
lea si 51 pesxeni 5 ,isicr!.itditional!y ts vetted hy one ttr rttttm snd.lvid.u.tll$ whs> tsre both stse tally a.nd esotsontically 
tilaadvisnlaged, o.r a pttbllcly OSV.ncd. btssi.ness leaving at least 51 percent ot its stock uncottditloiiaily otvssed by 
ttne or sstore stocialiy and ccononticaily dlsadvisnlaaed indlvid.u.aia, §.01-1 {.2) hast its .otaitagement and dttiiy 
bt-ssiness conirolled hv one or tttorc sneb In.ttivkltiais. .1 his term also- means a sntali bttainess eoncern ibat is 


least 5 1 pto'ceol ■nttco.uditionally cvvsted by an eoonont.ically disadvantaged. Indiatt tribe o.r Nalive Htivvaitan 
(.Iraanizatittri, rtr'a prtblidy tsvvttcd busittes.s having at least 51 |>c.s'cettt of ils stock titteonditiottally ovvnctl by 
one or more of these enihles. t-vl-tlclt has Its manaiptment attd daily business so.ntrolied by ntetvibers of an 


cconomieally disadvantaged- htdiatt triisc er Native .Mavvaha-n Organ iraiion, and which nsecis titc reanirenvent 
of 1 5 CFR Fart 1 2d, 



(U) Wotnen-atwned stnali bttsine.ss eosicern, as used in this prrtvision, nteatt,s a small. bM.sittess eonce.nt- 



AP-UO 




(U) (!) Wl'ssch b U -Vl percerst ov^iK'd by one orn^ot'e wo?.vssn or, in the case ora.ny pubikiy o^v^aed bimassss, 
at k-ast 51 percenl oftiie sk?ck of wibcb feo^vned by osie or more woimm 

(U) i'2.) Wboae amoagefneor a.ad daily buasanss opemboa.s are coraxoded by oae s>r more wonioo. 

ki) Nobce. (1) If rbk sohcitadon is for suppboa and itaa been set &&kh, lo whole or in patt, for snadi 
business eoneeras, tbea rbe clause la this aolk’ibdion prs;ondloa rtoiice of the sot-a$ide coota.lns R'atrictions on 
the sm.u'C.e of tfte end ikons to h& fnrraalieri, 

(U) (2-) Under 1 5 U-SX,'.. 645(d).f ouy persr.m who ntisreptxkoota s iinvfs atofus- as a sntall or anrsll disndvantaped 
bnsincss cmiceru in order to Cibrain n contract to be awarded ynder dte preferonee prograsns esrnbhaikoi 
pnrsa.sni to sections bfap Eftlp ff or 15 of tfse Stnaii .Btssiansa .Act o.r any other preodsion ol. federal ia\y th.ut 
s|>e-ei.f1eady retcrersces section ^fd) fora defudlion of prognjm elirdblflty, shalb- 

(!) Be puni.idtcd by- isnpositlot! of Hsxe, iniprisontnent, or bofb; 

(b) Be snbiecr to a.dud!!lstsxsdye onsiedies, iisclnding at!S|.H!nsism u.nd debarsnent; and 
(id) Be ineligible for participaiittn in- pnegratrss cottdncted itodcr ibc auilto^'ity of the Act, 


52 WAl.SII-fOrAlJ;; Y BflBllC; XIOIS’rL^AC'I'S ACT REBRESEI^f'l'AlliObf 



52.222^21 cmrwtc^nm OF facmties 

(U) (<0 "begTcaated faclhlksf' as used in this ptovBion., tneens any ss-aitiug rtiotns, work' asnas^ rest.-rsH^tna 

and vvasb scioms. restanrsatts and >;'jtbe:r eatu'ta droac, time ebteks^ locker rooftta tmo other storage or dtessing 


hi -1 
b3 -1 
b4 -1 
b7E -2 


ptX!n:sdea tor etopsoyees, tna't aw; segregareo ny expuesr susssiove r>.! ajc s.u uwi 
Cidoi'; riBigii'^n, r?.!' national origitt beeaisse' of habit:^ local eti'Sl'omv or olherwlsc. 

(U) ' fb) By the stsbtnis'sion of' this t>ffest the offeror cet'tiflcs that it does ttot and will not ioalntalrs or .pmvkie 
'tdr' its c!npk'>yees any scgregstcd- facilities trt any of its cstablislnnents, attd fhat lt does not and will not petmlt 
Its cntplov'ecs to pcrfi'irrn tfseii" actohecs at' ersy loeatlot! ottdcr 'its conla'ol 'where segregafstd faelllties ere. 
'ina-ii'dalttcth ''l'h.e rdleros' aat'ccs tinit ii brea'ch ef titis ccrtllteation i-sys ciolatlors of the Eepial (ippttrttinlty cltttsstt 
Inths comrmi- 

(U) tc) The triTcs'O!' I'urt.het^ a.gtck'$- that fex:eept' whetc- It btis obfalncd'ldentlca.1 ecrti'ftcat'ioos- frosn proposed 
subcO'n(rack'>ra td'S' speelflc tln^c pe'iiods) It tv||| - 

(1) Obtait! idetdieal ecstiticationa front proptssed subcontreeto'rs bolBrc the asvard of stibcoittrec'ts 
ts-uder w'h'lch tbe stihcontractor wilfise stsbjec't fo the ftpua.! idpportutn'ty elettae; 

(2) Retain the eertifk'atlos'ts i'n the flk$; tinti 

(3) Forward, the follosxing notice to the proposed stsbcootraetors tcyeepi il. the pntposed 
si.sbcont:raetot'S have subntitted Identical coittfleatlona for specific thne periods); 

NO'TICB TO i^ROSFIrii'Tl V'B SfTIf lONi'ilR ACf'ftBRB Of RR.Ql.llRI:ihTlr;NT FOR Cf:.R11l'ICATK.>NS Of 
NOOkBGRBOATBD f:ACI.LITlEfi, 

A (3crtillea'do:n of Noi'iscprC'pa'tad Fae.! titles .s'uust he SU.hnn'ttc.(l be'to're ti'sc awai'd ol a subes^niS'acf liodej. sshleft 
the su.beot)tracte.r'svlll he'stsbiee't to fbe I'kinal Oppostnnitv' elattsc. I'hc'.eetxiBcatlon snay be suksnitted cither 


AP-Ul 




Let// OftCQN//i ' rorORN 


■for- each subconinict or fee' all srsbcos'sfnsels darsrig a period (Lo„ e|oar'k.rly, eco'dasiarialKe or aiiiioahy). 
NOlIo The penalty for oeaking faiec statenx'nLe lo olTo.i'o Is psescrlbod In 1 S U'.STk 100 1 , 

K.13 


52,222->22 l'*^lsV:r(>flS ClOlS'TRACI'S AND COMFLJANCS KIlFCmTS 


I'he ol'lerce' represents Sfxit ~ 


iS) 

bl -1 
b3 -1 
b4 -1 
b7E - 


KA4 


53.222-2S AFFIEMATIVE ACTION COMFLlANCl 


I ft 1 

■ Ai 

bl - 
b3 - 
b4 - 
b7E 


EJS 


o2.2'23-if CLEAN AlE AND WATEB CEKfiT'ICAl'lON 
(U) The otTe:rrvreertlises rlist— 


(U) (by'Iljc otTeAxr xlll lioosetikreK^ notify tf:ie Cotlkaellng Ol'fit^ep before esvard, otThe receipt of any 
conanonlcalsors front the r\dnOnlsrrotor, or a doslgrtcc., of Ole fOivirontTxoiojI Protsellors Ageecy, aidkxiOng 
that any faelllty th.at Ote tlfloror ptsiposes to ose tor the performance of rhe co.ntrii.et Is irnder cosiskk' ration to 
he listed ott the L.PA fJst of Violating Fae'lh.t:les; asid 

(U) (c) The olfOror will hveh-srk' a eerdticadon subatantialiy the santo as this eesthkaliom Including this 

paraerspl't (c;p In every non-^eAOmpl asbortniracL 

EJh 


;s) 

bl -1 
b3 -1 
b4 -1 
b7E -2 


52,223-5 CERTOl'CATION EEflAROIMLA DRLfFfEEE \¥f>RK:PI.ACIL 
(U) (u) Dolirtnlons. s\s tsseO in this pnivisiott, 

"C-Ottirolktsl anbsttmee" ntesns a eontt'oHod isttbstanec lo schedules I tliniugh V of sectlott 202 rd' the 
Crnitrolled. Snbstonecs .Act (2 \ ILSAk. SI 2)' a.5l£l tA ft-tAher tkdined .In mgnla.llo.n ttt 2 1 CF.R. 1 oOS, 1 1.~ 1..20S J 5, 

'kionvieUost" metnis a flridlng f>f gthk (Inc lad lag a pleivof ttolo coniendere) or Irnpoaition of ssmettee^ or l?ot.l'L 


ogfft/ /ORCON//NOrORN 


AP-U2 




by sny judici^i body charged (he rey|>on§5hdh.y deiersebic violatkyce of the f edersl or State criioittai 
dreg statutes. 

"Crindo^tl drtig statute'^ osesos a fy^rkntd or 0 Cftsd'edyr:d crimbta.1 statute iovoKdng the man(lfeeo.ire% 
tlistribtition.. dkpi;n.s.iug. pt>s,se,ssk.yj Or tree of atiy cothrcdfed suhstaoce. 

"thrug-froe ^^#t>!'kpb5etf ' toetors the site{s) for (he perfofoianee of work: do?.te by the Cotttractor in. et>uuec(.k>it 
wi(h a y^x^eillt: et>ots'ayt at which etoployeesof the Cfontraeytr ora pirtthsbited fn';.rn. eogaghtgiirffie tm.iawkd 
OKUttrlhskttre,. dktfibsttkfU, >d5spe:os5og, possessk>o, or use of s eooti'ol.led sohstattce. 

"h:iopk>yec" OK'8.oa at eovpfoyye of a (:'osttra.etor direedy engaged so the pe:ifo.s'st5Ustce of work itoder s 
(ioyci'itieteut eeturtsci', Olrethiy engaged s.s deilited to mclotfe till dsraet cost entpkw-eea aod a.i^y other 
(h'.attractoo' etopioyee wito has other (ha.st a tuioisoai titvpaot or sovolven^estt m eostU'aet petiorinstsye. 

"iodixddtsaf ■ .st.ieoi.rss an otTc.s'i>r/eeoirste(of that hits oo snore l.ht(t( oste stTsployee beiudisg the 
itfferor/eosns'ae (Or. 

(U) (b) By atsbsih,ss.soo s>rs.ts o.ifer. the offe.to.t (ethes'-rhao a.o ksdividtsal) ro.^potKhrsi ((s a !K.shoi(atsots that k 
es.peeted to eaeeetl tb.e ,yisoph.tiod aettisisttios^ threshoki eestsfies ostd agroess. that wit.it res^reet to tdi 
etnpioyeea oi' the o.dero:r to bo etstpktyed under a csttstract .resstliiug .hy.s.ii^ this .soi.tei(tstio:n; it wsh— rso later ths.st 
ca.k.sKlAr thtys after eo;istraet uWus'd (unless a- longtsr period is agreed (o iti wsddtsg). tos' conlructs ot .30 
etdetKliSr day's or snorrs pet'fo.s'STsustec duttstiott; or a$ Si:>on a.s possible .for costt.ra.ets of less thast :■>() calendar 
d-ayrs porfi',!rsnatsee dstpstio:it. bso: :in atsy ctsse. by a date ps'lor to wheat perl'bitnnnee is eypeeted to be 
eottipleted^'^ 

(U) ( \ ) Puhhah .;( sta:(esseth-.st!>lilyistg mch entployees tind (he usduwltsl fstansi.fiteture, dis(.r(btsiioh,..d:ispetisistg. 
possesslost oi' tsse of ;-i eotstn:s|led ssjbsita.nce is lis'oltlbited Is^ the- Coa:(racrt>r's workplace and si>ecitying the 
aetions tlsat wili he (a.kers ssgaioat e.sopioyecs (dr violaliosts of stteb prohibition; 

(U) (2) bbstabllsh a?t o.tsgoistgd:s's.s.y~(h;-e a:wa.reriess iss'Oigrant (o infOrn-s ss.tch e.s'npioyecs about ^ 

(i) 11te diUSgC:.so of dstsg abuse m the ue>rkp.!ace; 

(is) 12^e (.'sastts'aetos'ts psalicy of .stysist(aistlng ss. ds'ug-fi'ee wtss'kplaes; 

(isi) .4.sty avasiahie drttp; cosis'sseihtg^ s'elus bilitistio.it.. and ■e.mpioyee aasisl-attce priterarsia; astd 

(i\h The pesaaKsos (hstt: trsay l?c istsjXtsed lipim employees for drng abuse violadtsns s>ccit.i'i'STsg bt tiseayorkplaee; 

(U) stl) Provdde aii otripioyees erigaaed i.it ixtrfOrn-iastce of (he eostt.ra:e( witli a -eopy Of dte s(atetne.ot required hy 
ssiitpstrisgrapi^ (h)(l) ol't-isis piysvisiost; 

(U) sy4) stseb etupittvees In wsitistg tst (he shitesttenl regisi.s'sd lay .subparagraph tb)( f) of this provision t.ha(., 

sSS a es::f.nditii>st of cfisttirased es.rtpioym.enl on (he eoutraet s'e.ss.il(i.itg frosn t.h.is sohc-ilaliost, (he e.sTS;pk>yee t^hi ^ 

(i) sxbide isy tise tes's'us oi'the statesnettC; and 

(ii) N'otify the ent.pioyes' itt writing of the employee’s convictiosa under a erlminal 
drtsg StaCitiv; (or it vsisiation oecisrritig tst the tvs;>rkpiaee no later tita.n .5 cakndas' tlays 
after stteh eonvletiou: 

(U) (5) Ksttii'y t(te C'ositraeftfsg OITseer in wrtt.i?:ig rvitihn' Id ets.ieudar days after receivhsg.notie.e tmder 
sts(xlivlsion(b)(4)( u) of (his pr!>visitsfs., .front art etstpktyee or ysthervviae s'eceivlngaetuai OiOtiee ot stseb 
eostvietlon. Ilte notice sittiil srsehtde tite positkssi t:ifk o:(' dw^ esrsployee; and 




AP-U3 




■et// ORCON//l'JOPORl'J 


(U) ((i) VVlthsn 30 Ci0ef\d8r d^sv'i; sfter receiving .iiouce iisidcr SLilxlivision (b)(r|)(ii) of Oxis pravs.sk>n of 

cossvictioix take o?^e Cif Hie foHoiviog ceikxis with, revs^x'ct to aoy enipioyee who i$ coo iHe ted of e drugaiioso 
vk'Hation occueritig so die wtsi'kpkitxe 

(s) lake aiHisxipsiato pes'sixioel ssedoo aegiseit soeh eoiployeo, up to and ioehidiog 
lersoissatiotg os' 

(H) .Reegsire si.se h esoployee to .xsiiisfsicioriiy pitriic .spate in a dmg aboso assss^taoee os' 
roiitsi.diilatsoo ptogtasn sipproved fos' tsoch- psis'^iaaes by a l■e.de^a!, StAU, Or iocsil 
iiosdth, ktsv eofoieeioesit, or other isppropriaie eges'sey: 


(U) 


(7) .y.;i.ke a good .faith effos't, to o-iatshtstsi a dtXig"fteo wottplaoe through ittiplotrsoshatioti of stshpas'agraph.s 
(h)(^ ) through (h)0S) o.f t.bss proxHsk>s.o 

ie) By stsbroLsason of ita o.!'Tep the offes'os; sfa.si lnd.ivtd.usil avho ss toaking en t>ffe.i' ofhtny dotlar valtstu oerdfiea 
as>d agrees that the offes'os' sxsihs's.i>t e.sigage iti the uolavvftsl maostftsetsts'e, sisslrihidiosg tHisaeastos't.v 

or ose ofts eosvtroHed auh.siastee sti th& pes'fortuance of the cositnsetreatiitsi'ig troni.dH.ji scHicitatioti. 

.i'd) hkisiot'e of th-e oftetor to provitle the eettiboatsoti repiiitt-d by paMgraph (b) or^ fe) of ifiB. pmvislotp txittders 
S:he offeror tuiqtas lifted a.od ioelig'shle fos' award, (^e i;t4R 9..Ui4"f(g) tstid ■|0,:(ih2~l(is)(2)(i).) 

te> hi addstisiti to otlies' s'esoodses tsvadahk; lo.tiie .Cioves'sstnettt, the .eertifieatkin. In. panigrapha fb) or (e) of this 
p.rovssisjtt eonces'sss st soatter svithiti the- jtitsadtetiissi o.t ao agency o.f the tJtdted bi-Shea atid the n'tak.ts-ig ot a 
hh;te, Relitsrssae or traoduletst eertiftetstioo aiey s'eoder the s:nakes'-sahjet.t to ptxi.seotitiosi tsndcr title 1.8, fJo-iteti 
Siittea Bode, section 1 00 1 , 


RJd 

82,230^1 ACCOBNTIN€ STANI>AI2l>jt NOTCES Ai^l) CEITIFICATION, 

(U) Bbte.- I'hia siot.see docs sisit apply to sniah bosiuessos tir- foreiyai.govemmesits. I'his sKstiee .ss itl. t-hoie pari.s. 
idotltdicd by Roman sstntieraie I t.!'s.o'.a.sgh UJ. 

(U) (.ilTentf.s shall os am Inc each, part at.id p.st.svidc the repltosted ■soforrsia.t.itm. s.o order to datcnni-sie (.'ost 
A.eeousits.vsg Staodjirsis (ffsVb) t'etptii'fc.mettto apphea'ble to asiy- restslpint eontract, 

(U) I. DBclosueo ht-site.rsioo.s: - fits.sr sVecootitisig h.otettecs o.nd (Ratiftetstioo. 

( 3 ) Any cotitraet m es.eess of SdOOdiOO restilt.its.g frotn this soliclttuioty exeept conts-aets In svhieh the 
ps’ice nogotiated is hsised tui ( I ) c:ststbls.shed catahsg or nia.rket pticee of -eomsticrclal itetos sold In sobsttttttial 
tpsa-Sd sties to the ge-ues'tsl pobhe, or f2) prices set by k\w or rogylatlosx ivill he subject to the regnireanettta ofdd 
(d'dk parts 9903 and 9904, exc-it-pt h>r tho-.ss contracts svbicb are exe.mpt as stKicified ii'i 48 (ff-'R, Subpart 
9903,20ffd, 

(b) Atsy offetxvs' sobttsitting si propt.i.sal. vv:bic.ii, hOtee-epted, svil! result s.ts e eotitrstct s-ubjcct: to itie 
s'eguii'c.smnits of 48 (,1-44 pa.rts 9903 a.SKi 9904 inis-st, as a cotsehllpn of eonfraottrtg, atsho't.it a DiscbSi.s.s'e 
9taic.smnit as s'cepstsed by 43 C.'f R buhpari 0003.202.., 11ic t>isekists.i'e Sta.teutent uiust he s.ubmittcd a.s a patx of 
the offerofs proposa.1 tsoder this sohetOstion ts-tsless rhe o.fferor has already &isb.mstt-od a Dsaclosui'c btatenic.ot 
dl.se losing the pi'aetkes nsed in consteotiosi vvltb the prse.ltia of this propose i, I fan epplleuble Disclosure 
Stalc.inctit h.as already txies^s sish.mittetL the offeror may satisfy die reciniresneot Ibr atsbnil,sslon by prov.id]ng 
the Inlbrniatiiiii respscsted ist. pastsgraph (e) s'!!' Ptsst I isf tbis pnivisiou, (latst.iotl:: in tlie abainice of specific 
ixisttshu-soiis or agreertsent, a p.raetiee disekssed isi a D.isclsssta'c fitatenieoi sfiail not., by virtue ol such dise..loss.i.ro, 
fxi deoo-ied to be a prosier, a;pp.mved^ -or tSgrecd"tP-pruel|ce i'os' pricing proposta.ls or acets.ni ulut l.ng n-od i'e|X'j.rt.kig 
cotitraet pertbrsTitinee Ci>st data. 

(c) Ciheek the tippropriatc bo.a bclosv: 




■et/ y -O RCOH/i ^ NOrOtlN 


AP-U4 


fl ) CestiOciili- of ('oiK-urr^’rit Subs-nhsion of DLsck'jsy.s'e Statcm?nt.> 


The f>rfe.rii.r .heri‘by ciO'isOes tiist, as s of offoss oopisjs of t he Dbclosys'O Stat:eo'so.i'5l liavo been 

.sobfnii].ed iis T>!iovvs; i' i) Oflginsd md one oopy of the cogfuaaet Adoiinfetrsbve Cootnjeliog Officer (.ACC)).! 
aod (.h) osoe copy to t.[se crfg.nCra.su COnCTSet- srsditor. 

(l»Sid.oss.tro oHist be on IA?rni No, O.ASB DS-i. lAsrnis o'joy ^>e obtained, fmmtho eogoiean.t ACO or ftxim the 
irH'sse-kotf versioo o.f the Federid .Atcpsis.hion Regulatson.) 

Otste of OisciOfSnro Steleotenr: 


Naote itfKl Addiess of'<.'i>AoNanl ACO where (i.led; 


■'('he o.d'eror Antl-sor ee.tiines that praet.Ces used m esthnabog eoats in p.riei.og this proposal are eonaisterK with 
the cost accoonb.tsg pnseticts dCdosed hi the f).lselostsre Stafetneoi! 

(T) Cert.! Oe ate ofl^resiottaiv Stsbotitfcd Otsciosnrc Stale ntetb. The trbe.ro.r hereisy certifies thiu 
Oisclosnre Stalesoenl wits 0.ied a.s i'ollotvs: 

f)a.te olMdisdosore blatenjeth:; 

_ Name end Address ofCogniaaoi .ACO 

where pmeliees used h cstinauam coAs in pricing this 

propoSitI are ccosi.stent with the cost accounting preetie&s dtsektsed in the npp.i.ieab.le dNeiosurc sttuc-meni. 

(3) <.'cttlfic-ei:c tt.f'Monetitry Cxcntprido.. 

11te offetstr hereby t;ort.hres d'tat ih.s t.tCeror! togethe.r warh.ai:l d.ivisiot5»^ su.bskliaric.s! and afl.ilia:tes nnder 
coftttnon control. dliJ not receive net awards of dcpt:fftafcd prime eortlrucis end subeontraeLs subject to t.:.AS 
Soialittp mitt: than S3d nhdion {of wftici? at least one a.ward. exceeded $i million) In the cost accottnt.i.ng 
period itntttcdiatsh'' preceding iite ^teriod in svhlch this pmpositi svas sithmitlcd, 't he *n1:i:erf'fr .I'urfher ceAit.ics 
t:hal if siich siatt.?s elnitip'S lydore ;tn avva.rd residtlttg ffOin.lltis pmposa.l liic- offeror wil.| sdsdsc llte 
Oontraetina Offieer- ittitttediateiv. 


{4) CertiCeate t.vf htferint baempbon.. 


The o.lferor .hereby certifies thal t i) the ciCeros' first exceeded the ntonelai'v excnlrpt.ion Ibr thsedosttre, as 
defined i.ii {:)) ttf iiiis sishscctloii. in the ecist aecooittine petiod innncdtatcly ■pi'seeding the pc.tiod. it^ ■wh.lcb diis 
oCer was sobnotted tusd :(ii) in accoixiim.ee sOtii 4d Cf^R, babpart imOhltld-lydie ofl-ets^r is not yet rcqn.lrcd to 
srii-imlt. a .Disebscire St.atcmcilt, 'fhe oficurr iiirtirer cc.itiftes that If ait award i'ssi.dting fmitt this proposal ha.s 
itoi' been nasde wlihiii 90 days after the end af tiiat- ^teriod, the otferor svill in)mcd.iately suistnlt a revised 
eeitiricatc to the Cttnti'aeiing Offtcett. in the .form speei.fled tsnder stdcpa.ta^spb fc)(f) str (c)f;2) of INftt f of 
tills pi'itvisbs'i.. jis app.rop.iiate. to verily so bnti. salon of a eonipleted Disclosure State me.nt. 


Cantbn; CHTerors Cirereml;'- required to disclose hccniise they vvc.i'C aua^saJed a C.lAS-cf>ve.i'ed pri.ine eoiftAsO str 
sishcotdiitct of $.25 inllhisn o.!' mr>i'e In the ettrrent etist s.ecoiiiit.itig |>eriod tnay ntd ebini tisis- exemption f-))! 
f'nrthet. the exempt ii>it applies tady in conncctio.it with, proptisais subinittod he 1010 cxpsralfon of the St.5-day 
period tbilowdig ihe co.st jtcconnftisg pcrk>d. iit vvhich the navitetai-)-' exemption tvaa exeeeded. 

If Cost Accoiititltig Standtirtls - .f':tigibll.lty .for MOdl.fleti CoiAOiet (’overage 


&ret// ORCON//NOPORN 


AP-U5 




t//OKLUN/yNUl'0RW 


If llie isiTijror is eOgii^k' to use the OKKisfiCvt provissuus uf 48 C'FR, HubpiSrt 99(K3>2t)!-2(b) and elects to do sOv 
the olTsror shuH dKdcaie by cheeking the bos; heloso Ckeekhsg the box hihw shttll niesn that the residtsnt 
cotsttact: is subject tit llte Disciosus'C tttld k-’o-osistcocy ol tiost .A.ceottfVting i^rscticcs elauee to liets oi dte C. ost 
sVccoundog ^.andords ckusse, 

'The otTetisr hercd'.o^ etasttss m exemption, h'oo? t.he C'ost Aeeouttting Staodttrds clsttise oode.r ilte 
provisjone of 4S C.'Idk, btsbpert 99iB.20l-2(}o} mKi eertifitts that the n.ffet'at is cdigible tbr ttse of the D.iscdosurc 
attd f.'onsistettcy- of C'ost Aecf>soitjog ih'actices cktttso hecattse dtit-sog tlte cost accouttting pet'ioti .immediat.cdy 
proeedittg t'ho petisai in \shich t.!tjs proposal was subtn.itted.! the oilbror received less tfttnt S2.5 fitilhCTt .so 
axvastis of CiAS-eosats'ed pt itvse essnts'acis atsd snbeontSTiCts, OS' the oiferor did tsot s'ceeivs ts eittgle 
tf A S'-co vetod a tvas'd exestedistg 2 1 .soiOsots, "llte solTosTtr funh.e.t ced-illoa that if such ststius changes bc.tbre a.n 
award .testsltis^g front ths.s prttposa.!, t.he ofi'e.sT>rovill advise the COtrtTaet.sng Off1ce.r- i.sttsnexiitstedy. 

(fautson: An oites'ot^ nitsy stoi eieiso she above o.ligi:bsi.sty- for Sttodifted eostf:n3.et coverage i.f this pfctposoi .so 
espectod to s'esuK. io the sttvatti oi'a C.A.S-coverod eootraci: of Is2e s-sisi|inn.or .sthsto or i.h dis.s'ittg .its eus'S'cnt cost 
aecotjntisig period* iise offeror ittss been atvardod a sistgio t.'AS-"eot'e'.sxAt pS'ifrse oosits'aet or snbeotstnstst oi $25 
nhliiost or snore, 

(U) III, A.ddstiotsai Cost .,4ccos.s.t5t.s!tg btts.tsdards Applteablv to T:Aisting Conh';tct$< 

1he.offer!;>s'.s.hssll ind.se ate Im low vvftetber award of the cesitesoplated eo.sttracf wtnsld-, its aceordastcc svith 
snbptsragraph (a){3 s of tiie tfosl. Accots.ntittg Sta.ndas'tis danse* reqtsirc. a cltaOip Ist e.siahliahod cost aeeousvt'sstg 
jsradiees tsfTeetjiSg esiststsg cootracts tsstd stsheosP'ris.et!i. 

_ Yes No. 

KAB 

IltOA IlNIVERhAl.. NlfMBERINS SYSTEM (MINS) 

(U) la's I'ho b.jddortoffcror ss reptsested to insert. t:be TdCNS tsts.siitlxir applicable to tfte Commttofs address sbowst 
tin tl'se .sobeitrttion totrrs. 


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( 0 ) 


Cb) If the p.ss-?ds.sc.iir;s -5 txAstt (txnnt of final- aasetsdsfy) is otfser- tltost the-.loeatioo. esstered osi thc scdidtatlon fos'sn* 
or If additiona..i prodi.sctio.st jxxnte ssre- involved., etstes' the IDIINN itujnbtu' appi.ioahle at eaeft prodtset.bts postst ist 
the space p.ssnddod beistw. 


lum No, 


Yla^st^ctoror 


Roodtietlon Fohil 


iwmmk 


(u) i'ei li'.DfJNS s:tnnsshes's.b;sve sost be ositsbilsbcd ids' the- Contracior, ortho prodtsetso.n p<?ifst(s) siot show.st above, 
(S stusTsber vvlll he a-ssigated ts^xtss s'cegse-st by Dtsn s% llradstreet, .Allesitown, PA, Pho.s'se (200) '2.14-.3.Sb7, 


.KA9 

s2M5~n mrfiomzEB mumixmm. 

(U) The o.lTeror os' gtsoios' reps'osottts thssr s'.he fotiowing ises'sosts ore outbors's'ed to Tsegot.sate 
(.it.svertsssxoK ist eott.stCCtion wit:b tins regaestt Ibr psXspOSab tsr <|s.a>tatlonss 


Nonse and Title 


L-oeation 






■tffe aooM/yI ' to^on^^ 


AP-U6 



(U) By signature ou the solfeitatsou Ibrnt! f bareby affinn that I aai authorised* on l'>ebalf of the coiU|raa>> io enter 
into binding contmslravl sgneemants witlr iite Government; and |\irt:horTS'tf>rej that the perat'joCs) nsn^ed above 
{ \ Si'e\ [„J ate not( likewise st? anthrnised, 

(U) llie offtm shah indicate the teiepitotte nntnher lifapplieai^le) to whicit dte Ciovernmcnt may aend wrltteti 
cosnmtsnkniions eieotronicaily. 




AP-117 



FEDERAL BUREAU OF INVESTIGATION 
FOI/PA 

DELETED PAGE INFORMATION SHEET 
Civil Action# 16-cv-01850 


Total Deleted Page(s) = 1 

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ALL IMFOKl^iATION CQirTAII^C 

IS UT'JCLASSIFIEE EXCEPT 
mz.BE SlVJ^rm OTHERWISE 


CLASSIFIEC BY: NSICG J75Ji3T80 
REASOI-I: 1.4 {C'r 
CECLASSIFY OIJ: 12-31-2041 
CATE: 11-25-2015 


sfesj;^//OReeN/?^oFORN 



Federal Bureau Of Investigation 

Finance Division i Procurement Section 
Justification 



Justification for Other than Full and Open Competition In Accordance With 41 USC 

3304(A)(6) 

Requisition Number: 


Datq I 

iSj 


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1. Identification of the agency and contracting activity. 


The U.S. Department of Justi ce, Federal Bureau of Investigation (FBI), 

plans to enter into a contract on the basis of other than hill 


ana open competition tor acquisition of a product that will permit it to unlock the operating 
system of Syed Farook’s iPhone (hereinafter “the product.”). Application of the product will 


December 2015 attack on his co-workers in San Remardinn 

pmia 



ISi 



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2. The nature and/or description of the action being approved, i,e., sole source, limited 
competition, establishment of a new source, etc. 





The basis for the sole source arises under Federal 


iS) 


1 — vviiivti Liim [ij uii tuiu upcn compeiiiion 

need not be provided for when the disclosure of the agency’s needs would compromise the 
national security unless the agency is permitted to limit the number of sources from which it 
solicits bid or proposals.” Acquiring the product will allow the FBI to bypass security 
mechanisms which have prevented it from accessing and obtaining potentially critical 

evidentiary data rpIatpH tr, tFif=. R 


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j. A oescription ot the supplies or services required to meet the agency’s needs. 


(U) On December 2, 2015, Sayed Farook and his wife opened fire on approximately 80 of his 
coworkers at the San Bernardino Department of Public Health holiday party. Fourteen (14) 
people were killed and twenty (20) were injured. The attack was deemed a terrorist incident. 


Requisition Number] 


S) 


Version LO 


//OffCON/NQFORN 


Page 1 of 5 

AP-19 


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I 

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§gpia:$// ORCON/NOFORN 


The FBI, which has lead agency investigative authority for counterterrorism matters in the U.S., 
took charge of the investigation. One challenge the FBI encountered, as it conducted the 
investigation, was the inability to access data on the Apple iPhone 5c that San Bernardino 
County issued Farook in connection with his employment. The data is potentially critical to the 
FBTs investigation, as it could reveal, among other things, terrorist ties and individual contacts 
maintained by Farook. Exploiting this information could help the FBI determine whether the 
attack in San Bernardino was an isolated incident or whether it was part of a broader plan 
supported by a terrorist network. 

(U) The FBI’s inability to access Farook’s data was due to the encryption features deployed by 
Apple’s operating system. In an effort to compel Apple’s assistance in extracting the data it 
sought, the FBI obtained, in February 2016, an order mandating such assistance from Sheri Pym, 
Magistrate Judge for the Central District of California. Apple contested that order and legal 
proceedings ensued. During the course of those proceedings, the FBI continued to search for a 
way to access Farook’s data without Apple’s assistance. 


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4. The statutory authority permitting other than full and open competition, 

(U) The statutory authority permitting other than full and open competition is 41 U.S.C. 3304 
(a)(6) as implemented by FAR Subpart 6,302-6 entitled, '"National Security/' 

5* Demonstrate the unique qualifications of the proposed contractor or the nature of 
the action requiring the use of the authority. 


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Requisition Nurnber 



Version 1.0 

Page 2 of 5 



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PRCONjT^OFQR?^ 


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\ 

I 


6. A description of efforts made to ensure that offers are solicited from as many 
potential sources as is practicable, including whether a notice was or will be 
publicized as required by Subpart 5.2 and, if not, which exception under 5.202 
applies. 



7. The anticipated dollar value of the proposed acquisition, including options if 
applicable, and a determination by the Contracting Officer that the anticipated cost 
to the Government will be fair and reasonable. 




10. A listing of any sources that expressed a written interest in the acquisition. 


(U//FOUO) The FBI received at least three inquiries from companies indicating an 
interest in developing a product for the FBI to access Farook’s iPhone. However, none of 
these companies had begun to develop or test a solution at the time of the inquiry, and 
thus would not be able to produce a solution quickly enough to meet the FBI’s 
investigative requirements. 


I 11. A statement of any actions the agency may take to remove or overcome any barriers 

I to competition, if subsequent acquisitions are anticipated. 

^ (U//FOUO) The FBI will continue to conduct market surveys to identify potential sources on 

I subsequent acquisitions. 




SEjBg^T //ORCOIVy'IVQFORN 


Requestor: 

I certify that the facts and representations under my cognizance, which are included in 
this justification and which form a basis for this justific ation, are complete and accurate. 

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Signature Date b7c -i 

Contracting Officer: 

I certify that this justification is accurate and complete to the best of my knowledge and 
belief. 


JlglldUUlC rrarc 

Reviewed by: 

Offifp of r niinspl- L-L 


Signature Date 

rnirmptfrinn AHvnfatp- 


signiaure rrmc 


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Requisition Numbel 



iSi 


Version I.O 


T/T DRCON/PiOFORN - 


Page 5 of 5 

AP-23 


FEDERAL BUREAU OF INVESTIGATION 
FOI/PA 

DELETED PAGE INFORMATION SHEET 
Civil Action# 16-cv-01850 

Total Deleted Page(s) = 1 

Page 1 - bl - 1; b3 - 1; b4 - 1; b6 - 1; b7C - 1; b7E - 2; 

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X Deleted Page{s) X 

X No Duplication Fee X 

X For this Page X 

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Section 


Table of Contents 


Page 2 of 1 4 

Si 


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Description 

Solicitation/Contract Form 

Supplies or Services and Prices/Costs 

Description/Specifi cat ions/ State merit of Work 

Packagingand Marking 

Inspection and Acceptance 

Deliveries and Perfonnance 

Contract Administration Data 

Special Contract Requirements 

Contract Clauses 

List of Attachments 

Representations, Cenifications and Other Statements of Offerors 

Instructions, Conditions and Notices to Offerors 

Evaluation Factors for Award 


Page Number 


3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 




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Section H - Special Contract Requirements 


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CLASSIFIED BY: NSICG J75JiST80 
RZASOI-I: 1.4 {C'r 
DECLASSIFY OtJ: 12-31-20 41 
DATE ; 11-23-2016 


SECTION SUPPLIES OR SERVICES AND PRICE/COST 


B*1 DESCRIPTION OF SERVICES 

The purpose 9 f this solicitation is to procure a capability 

IS specified in Section 3 of this solicitation Statement ot W<; 
Rurean of Inves tig^^tion (FBI) Operational Technology Division' s (OTDl 


B,2 TYPE OF CONTRACT 



ALL inrORHATIOM COtTTAIMED 
HEKEIN IS UTTCLASSIFIED EXCEPT 
WRERR SHDi-HTT OTHERWISE 


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B,3 PERIOD OF PERFORMANCE 



B,4 PRICING INFORMATION 


Pricing shall reflect the sections as described in the Statement of Work (SOW). 


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The contractor shall provide pricing for Procurement of capabilities 




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Page 2 of 54 



SECTION D-PACKAGING AND MARKINGS 


D*0 MARKINGS FOR ELECTRONIC FORMAT 

The contractor shall use FBI standards for formatting deliverables under this award. Electronic 
copies shall be delivered via e-mail attachment. 

The contractor shall label each electronic delivery with the task Contract Number and Project 
Title in the subject line of the e-mail transmittal. All deliverables shall be electronically 
delivered to the COR identified in Section 6, Contract Administration Data, in machine readable 
format using MS Office Suite and Adobe via email, or CD-ROM for those deliveries that cannot 
be e-mailed, the copies are to be delivered to the COR. 

D.l PACKAGINGS 

All reports and deliverables that are in hard copy format, as opposed to electronic format, and 
that are physically transported through the U.S. mail or private courier services, are to be 
securely packaged using best commercial practices. Materials produced under contract are to be 
handled by the Contractor as confidential documents and marked For Official Use Only (FOUO). 

D.2 MARKING 

All reports and deliverables that are in hard copy format, as opposed to electronic format, and 
that are physically transported through the U.S. mail or private courier services, are to be 
addressed to the individual at the office or floor at the end destination, with the outside package 
clearly marked to indicate the order number and the recipient' s office telephone number. 



AP-29 

Page 3 of 54 


SECTION E - DELIVERABLES AND PERFORMANCE 


E.l 52.252-2 Clauses Incorporated by Reference FEB 1998 

This Contract incorporates the following clauses by reference, with the same force and effect as 
if it were given in full text. Upon request, the Contracting Officer will make its full text 
available. 

FEDERAL ACQUISITION REGULATION (FAR) 148 CFR CHAPTER H CLAUSES : 

52.242- 15 Stop-Work Order - Alternate I APR 1984 

52.242- 17 Government Delay of Work APR 1984 


E.2 52.247-34 F.O.B. Destination NOV 1991 

(a) The term "f o.b. destination,” as used in this clause, means— 

(1) Free of expense to the Government, on board the carrier's conveyance, at a specified 
delivery point where the consignee's facility (plant, warehouse, store, lot, or other 
location to which shipment can be made) is located; and 

(2) Supplies shall be delivered to the destination consignee's wharf (if destination is a 
port city and supplies are for export), warehouse unloading platform, or receiving dock, 
at the expense of the contractor. The Government shall not be liable for any delivery, 
storage, demurrage, accessorial, or other charges involved before the actual delivery (or 
"constructive placement" as defined in carrier tariffs) or the supplies to the destination, 
unless such charges are caused by an act or order of the Government acting in its 
contractual capacity. If rail carrier is used, supplies shall be delivered to the specified 
unloading platform of the consignee. If motor carrier (including "piggyback”) is used, 
supplies shall be delivered to truck tailgate at the unloading platform of the consignee, 
except when the supplies delivered meet the requirements of Item 568 of the National 
Motor Freight Classification for "heavy or bulky freight.” When supplies meeting the 
requirements of the referenced Item 568 are delivered, unloading (including movement to 
the tailgate) shall be performed by the consignee, with assistance from the truck driver, if 
requested. If the contractor uses rail carrier or freight forwarder for less than carload 
shipments, the contractor shall ensure that the carrier will furnish tailgate delivery, when 
required, if transfer to truck is required to complete delivery to consignee. 

(b) The Contractor shall — 

(1) (i) Pack and mark the shipment to comply with contract specifications; or 
(ii)In the absence of specifications, prepare the shipment in conformance with 
carrier requirements, 

(2) Prepare and distribute commercial bills of lading; 

(3) Deliver the shipment in good order and condition to the point of delivery specified in 
the contract; 

(4) Be responsible for any loss of and/or damage to the goods occurring before receipt of 
the shipment by the consignee at the delivery point specified in the contract; 

(5) Furnish a delivery schedule and designate the mode of delivering carrier; and 


AP-30 

Page 4 of 54 






(6) Pay and bear all charges to the specified point of delivery. 

(End of Clause) 

E.3 Period of Performance 

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E.4 NOTICE TO THE GOVERNMENT OF DELAYS 

In the event the Contractor encounters difficulty in meeting performance requirements, or when 
the Contractor anticipates difficulty in complying with the contract delivery schedule or 
completion date, or whenever the Contractor has knowledge that any actual or potential situation 
is delaying or threatens to delay the timely performance of this contract, the Contractor shall 
immediately notify the Contracting Officer and the COR, in writing, giving pertinent details; 
provided, however, that this data shall be informational only in character and that this provision 
shall not be construed as a waiver by the Government or any delivery schedule or date, or any 
rights or remedies provided by law or under this contract. 

The Contractor shall adhere to all delivery timeframes specified in Task Orders or Purchase 
Orders. Any delays could negatively affect the goals, objectives, and the mission of the FBI. 

This notification of delay shall also include any mitigation strategies and other associated 
management approaches that will be implemented to correct the delays. 


E.5 PLACE OF PERFORMANCE 

The Contractor shall perform work at a secured facility owned by the contractor. Unless 
otherwise specified, the Contractor shall be responsible for providing all equipment necessary to 
perform task services at the Contractor facility and the Government will provide all equipment 
necessary to perform task services located at the Government facility. All equipment, 
capabilities, and facilities required to support the work under this contract shall be available and 
operational no later than the award date of the contract. The Contractor shall provide all 
information requested regarding Place of Performance in Section K.4 as well as any required 
information regarding security policies or precautions at their facility. All personnel required to 
support this Contract at the Government facility shall be required to have all clearances and 
approvals as required by this Contract. 


E.6 PERIOD OF PERFORMANCE 

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E.7 PLACE(S) OF DELIVERY 


Originals of all correspondence and reports related to this contract shall be delivered to the 
addresses below: 


Contracting Otficer 

Federal Bureau of Investigation 


Contracting Officer' s Representative 
Federal Bureau of Investigation 


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AP-32 
Page 6 of 54 


SECTION F - INSPECTION AND ACCEPTANCE 


F.l 52.252-2 Clauses Incorporated by Reference FEB 1998 

This Contract incorporates the following clauses by reference, with the same force and effect as 
given in full text. Upon request, the Contracting Officer will make its full text available. 

FEDERAL ACQUISITION REGULATION (FAR) (48 CFR CHAPTER 1) CLAUSES : 


52.246- 2 

52.246- 3 

52.246- 4 

52.246- 5 

52.246- 16 


Inspection of Supplies - Fixed-Price 
Inspection of Supplies - Cost Reimbursement 
Inspection of Services - Fixed-Price 
Inspection of Services - Cost Reimbursement 
Responsibility for Supplies 


AUG 1996 
MAY 2001 
AUG 1996 
APR 1984 
APR 1984 


F.2 PLACE OF INSPECTION AND ACCEPTANCE 

Inspection and acceptance of all work performed, reports and other deliverables under this 
contract shall be performed by the following COR at the address specified below: 

Mail to FBI COR: 


Contracting Officer' s Representative 
Federal Bureau of Investigation 


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The COR shall be responsible for direct inspection and technical acceptance of all work 
performed, reports and other deliverables for Contractor payment at the FBI address listed above. 

F.3 SCOPE OF INSPECTION 

All deliverables will be inspected for content, completeness, accuracy and conformance to 
requirements by a FBI COR. Inspection may include validation of information. The scope and 
nature of this inspection will be sufficiently comprehensive to ensure the completeness, quality 
and adequacy of all deliverables. 

F.4 BASIS OF ACCEPTANCE 

The basis for acceptance shall be in compliance with the requirements set forth in the SOW, the 
contractor' s quote and other terms and conditions of the contract. Deliverable items rejected 
shall be corrected in accordance with Section 5 - Inspection and Acceptance. 

Reports, documents, and narrative type deliverables will be accepted when all discrepancies, 
errors, or other deficiencies identified in writing by the Government have been corrected. 




AP-33 
Page 7 of 54 



If the draft deliverable is adequate, the Government may accept the draft and provide comments 
for incorporation into the final version. 

All of the Government's comments on deliverables must either be incorporated in the succeeding 
version of the deliverable, or the contractor must demonstrate to the Government's satisfaction 
why such comments should not be incorporated. 

If the Government finds that a draft or final deliverable contains spelling errors, grammatical 
errors, improper format, or otherwise does not conform to the requirements stated within this 
TO, the document may be immediately rejected without further review and returned to the 
contractor for correction and resubmission. If the contractor requires additional Government 
guidance to produce an acceptable draft, the contractor shall arrange a meeting with the COR. 

F.5 WRITTEN ACCEPTANCE/REJECTION BY THE GOVERNMENT 

All written deliverables may require three iterations - an initial draft, a final draft, and a final. 
The final document must be approved and accepted by the Government. The Contractor shall 
submit draft and final documents electronically using Microsoft Office 2007 or later to the 
Government, The Government must have 1 5 business days for review and submission of written 
comments to the Contractor on initial draft and final draft documents. The Contractor shall 
incorporate the Government comments into the final draft and final deliverable before 
submission. 

The Government will provide written acceptance, comments and/or change requests, if any, 
within 15 working days from receipt by the Government of the final draft. Upon receipt of the 
Government comments, the Contractor shall have 10 working days to incorporate the 
Government's comments and/or change requests and to resubmit the deliverable in its final form. 

The Government shall provide written notification of acceptance or rejection of all final 
deliverables within 30 days. Absent written notification, final deliverables will be construed as 
accepted. All notifications of rejection will be accompanied with an explanation of the specific 
deficiencies causing the rejection. 

F.6 NON-CONFORMING PRODUCTS OR SERVICES 

Non-conforming products or services will be rejected. The Contractor will correct any 
deficiencies within 10 business days of the rejection notice. If the deficiencies cannot be 
corrected within 10 business days, the Contractor will immediately notify the COR of the reason 
for the delay and provide a proposed corrective action plan within 1 0 business days. 


AP-34 

Page 8 of 54 






SECTION G - CONTRACT ADMINISTRATION DATA 


G*0 JAR 2852*201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (JAN 
1985) 


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The COR does not have the authority to alter the contractor's obligations under the contract, 
and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If 
as a result of technical discussions it is desirable to alter/change contractual obligations or the 
Scope of Work, the CO shall issue such changes. 

G,1 CONTRACT ADMINISTRATION 


The followin g personnel are design ated to act as the COR (previously known as the COTR) for 
this contract:^ 


The COR is responsible, as applicable, for: receiving all deliverable, inspecting and accepting the 
supplies or services provided hereunder in accordance with the terms and conditions of this 
contract; providing direction to the contractor which clarifies the contract effort, fills in details or 
otherwise serves to accomplish the contractual SOW; evaluating performance, and certifying all 
invoices/vouchers for acceptance of the supplies or services furnished for payment. 


The Contracting Officer for this contra ct is: 

b6 -1 

Contracting Officer b7c -i 

Federal Bureau of Investigation 


Written communication shall make reference to the contract and/or purchase order number and 
shall be mailed to the above address unless otherwise instructed. 

G*2 PAYMENT/INVOICING PROVISIONS 

Invoices shall be submitted monthly to the COR designated in this contract. Invoices shall be 
submitted on a monthly basis. Any requirement for resubmission for payment or Contractor 
questions regarding payment or check identification should be directed t o FBI, 

I All follow-up invoices b7E -i 

shall be marked "Duplicate of Original". 

A detail report of activities conducted during the billing period (i.e., identify individuals, tickets 
addressed, hours per ticket, security updates on each employee, etc.) As appropriate, details of 
assessment should be provided separately in writing. Proper payment documentation is required 
to support payment of invoices. 

A proper invoice shall include the information required by Section 6, Clause 52.232-25- Prompt 
Payment, which includes the following: 

1 . Name and address of the Contractor. 


s: 


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2. Invoice date. 

3. Contract number for services performed (including order number and contract line item 
number), 

4. Description, quantity, unit of measure, unit price, and extended price of services 
performed. Time sheets shall be attached. 

5. Shipping and Payment Terms (e.g., shipment number and date of shipment, prompt 
payment discount terms). Bill of lading number and weight of shipment will be shown 
for shipments on Government bills of lading. 

6. Name and address of Contractor official to whom payment is to be sent (must be same as 
that in the contract or in a proper notice of assignment), 

7. Name (where practicable), title, phone number and mailing address of person to be 
notified in event of a defective invoice. 

8. Any other information or documentation required by other requirements of the contract 
(such as evidence of shipment). 

Additionally, each invoice shall display an Invoice Number, Taxpayer Identifying Number 
(TIN), and banking information necessary to facilitate an Electronic Funds Transfer (EFT) 
payment. 

It shall be the Contractor's responsibility to include this information on every invoice when 
invoicing for full or partial services performed. If an invoice does not contain the above 
information, the Bureau reserves the right to reject the invoice(s) as Improper and notify the 
vendor within seven days after receipt of the invoice at the designated billing office pursuant to 
Section 6, Clause 52.232-25 - Prompt Payment. Resubmission of a Proper invoice(s) will be 
required. 

The COR, upon verification of satisfactory progress or final acceptance, shall forward a copy of 
the invoice. In the event Contractor progress or final delivery is not deemed satisfactory, the 
COR's report shall indicate and recommend the required corrective action. After review and 
approval, the COR will forward the invoice to the contracting office. 

All invoices shall be forwarded to COR, JEH FBI Building, Room WB500, 935 Pennsylvania 
Avenue, NW, Washington, DC 20535. 

Payment to contractors shall be made by EFT in compliance with the Debt Collection 
Improvement Act of 1996 (EFT 99). Therefore, it will be necessary for the contractor to 
complete the form titled "ACH Vendor/Miscellaneous Payment Enrollment Form”. 

G.3 TRAVEL 

5 CFR 330.604(e) states “Local commuting area means the geographic area that usually 
constitutes one area for employment purposes as determined by the agency. It includes any 
population center (or two or more neighboring ones) and the surrounding localities in which 
people live and can reasonably be expected to travel back and forth daily to their usual 
employment.” There is no longer a standard mileage used for long distance travel. The 50 mile 
rule has been removed from the FTR. Use over 50 miles to define long distance travel unless 
changed by the CO. 

The contractor may invoice monthly on the basis of cost incurred for cost of travel comparable 
with the Joint Travel Regulation (JTR)/Federal Travel Regulation (FTR). Long distance travel is 


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defined as travel over 50 miles. The invoice shall include the period of performance covered by 
the invoice, the CLIN number and title. 


G,3.I CLIN/Task Total Travel 

This will identify all current and past travel on the project and the total CLIN/Task costs billed. 
The listing shall include separate columns and totals for the current invoice period and the 
project to date: 

• Travel Authorization Request identifier, approver name, and approval date 

• Current invoice period 

• Names of persons traveling 

• Number of travel days 

• Dates of travel 

• Number of days per diem charged 

• Per diem rate used 

• Total per diem charged 

• Transportation costs (rental car, air fare, etc.) 

• Total charges 

• Explanation of variances exceeding 10% of the approved versus actual costs 


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T 


SECTION H - SPECIAL CONTRACT REQUIREMENTS 

H*0 GOVERNMENT RESPONSIBILITIES 

Government Furnished Property (GFP) 

All Government furnished property shall remain the property of the Government and shall be 
returned to the Government prior to the end of this contract. 

At time of award, the Government will provide on-site office facilities at FBI locations in 
Washington, DC. The Government shall furnish desktop computers, software, internet access, 
printers, fax machines, office telephones and office equipment supplies. 

The Contractor shall coordinate with the FBI to utilize existing FBI systems for reproducing, 
mailing and shipping project documents. The Contractor will also coordinate with the FBI to 
utilize existing conference calling systems for project meetings. 

Government Furnished Information (GFD 

Sharing of GFI (including project reports, space planning, staffing information, etc.) shall only 
be done after obtaining written approval from the Government, Documentation will be provided 
after contract award and completion of FBI security requirements required to gain access to FBI 
classified files and IT network. Any Contractor contributions to Government furnished 
information under this contract shall become property of the Government. 

H.l DISCLOSURE OF DATA UNDER THE FREEDOM OF INFORMATION ACT 
(FOIA) 

If a request for information contained in a proposal is requested under the FOIA, the Government 
shall have the right to disclose any information or data contained in a proposal that results in a 
contract to the extent provided under the FOIA, notwithstanding any restrictive legends that may 
have been placed upon it in accordance with the provision at Far 52.215-1 (e)," Instructions to 
Offerors - Competitive Acquisitions". The Government will, before disclosure, make an 
administrative determination on a case by case basis as to whether the information requested is 
exempt from disclosure by one of the established exceptions to the Act. In making this 
determination the procedures outlined in 28 CFR, paragraph 16.7 shall be followed which, in 
part, affords the submitted of a proposal an opportunity to object to disclosure. 

H,2 ORGANIZATIONAL CONFLICTS OF INTERESTS - GENERAL 

The Contractor warrants that, to the best of his knowledge and belief, and except as otherwise set 
forth in this contract, he does not have any organizational conflict of interest as defined in the 
paragraph below. 

The term "organizational conflict of interest" means a situation where a Contractor has interest, 
either due to its other activities or its relationship with other organizations, which place it in a 
position that may be unsatisfactory or unfavorable (1) from the Government's standpoint in being 
able to secure impartial, technically sound, objective assistance and advise from the Contractor, 
or in securing the advantages of adequate competition in its procurement, or (2) from industry's 
standpoint in that unfair competitive advantages may accrue to the Contractor in question. 



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s: 


The Contractor agrees that, if after award he discovers an organizational conflict of interest with 
respect to this contract, he shall make an immediate and full disclosure in writing to the CO 
which shall include a description of the action which the Contractor has taken or proposes to take 
to avoid, eliminate or neutralize the conflict. The Government may, however, terminate the 
contract for the convenience of the Government. 


In the event that the Contractor was aware of an organization conflict of interest prior to the 
award of this contract and intentionally did not disclose the conflict to the CO, the Government 
may terminate the contract at no cost to the Government. 

H*3 NONDISCLOSURE REQUIREMENTS 

If this contract requires the contractor to act on behalf of, or provide advice with respect to any 
phase of an agency procurement, as defined in FAR 3.104-4, then the contractor shall ensure that 
all its personnel (to include subcontractors, teaming partners, and consultants) who will be 
personally and substantially involved in the performance of the contract: 

• Execute and submit an “Procurement Sensitive-Nondisclosure Agreemenf’ Form as required 
in Section 9, List of Attachment, prior to the commencement of any work on the contract, 
and 

• Are instructed in the FAR 3.104 requirements for disclosure, protection, and marking of 
contractor bid or quote information, or source selection information 

All proposed replacement contractor personnel also must submit a Non-Disclosure Agreement 
and be instructed in the requirements of FAR 3, 104, Any information provided by contractors in 
the performance of this contract or obtained by the Government is only to be used in the 
performance of the contract. The contractor shall put in place appropriate procedures for the 
protection of such information and shall be liable to the Government for any misuse or 
unauthorized disclosure of such information by its personnel, as defined above. 

H,4 INDEMNIFICATION 


Responsibility for Government Property 

1 . The Contractor assumes full responsibility for and shall indemnify the Government 
against any and all losses or damage of whatsoever kind and nature to any and all 
Government property, including any equipment, supplies, accessories, or parts furnished, 
while in his custody and care for storage, repairs, or service to be performed under the 
terms of this contract, resulting in whole or in part from the negligent acts or omissions of 
the Contractor, any subcontractor, or any employee, agent or representative of the 
Contractor or subcontractor. 

2. If due to the fault, negligent acts (whether of commission or omission) and/or dishonesty 
of the Contractor or its employees, any Government owned or controlled property is lost 
or damaged as a result of the Contractor's performance of this contract, the Contractor 
shall be responsible to the Government for such loss or damage, and the Government, at 
its option, may in lieu of payment thereof, require the Contractor to replace at this own 
expense, all property lost or damaged. 

Hold Harmless and Indemnification ARreement 


The Contractor shall save and hold harmless and indemnify the Government against any and all 
liability claims, and cost of whatsoever kind and nature for injury to or death of any person or 


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persons and for loss or damage to any Contractor property or property owned by a third party 
occurring in connection with or in any way incident to or arising out of the occupancy, use, 
service, operation, or performance of work under the terms of this contract, resulting in whole or 
in part from the acts or omissions of the Contractor, any subcontractor, or any employee, agent, 
or representative of the Contractor or subcontractor. 

Government's Right of Recovery 

Nothing in the above paragraphs shall be considered to preclude the Government from receiving 
the benefits of any insurance the Contractor may carry which provided for the indemnification of 
any loss or destruction of, or damages to property in the custody and care of the Contractor 
where such loss, destruction or damage is to Government property. The Contractor shall do 
nothing to prejudice the Government's right to recover against third parties for any loss, 
destruction of, or damage to Government property, and upon the request of the CO shall, at the 
Government's expense, furnish to the Government all reasonable assistance and cooperation 
(including assistance in the prosecution of suit and the execution of instruments of assignment in 
favor of the Government) in obtaining recovery. 

Government Liability 

The Government shall not be liable for any injury to the Contractor's personnel or damage to the 
Contractor's property unless such injury or damage is due to negligence on the part of the 
Government and is recoverable under the Federal Torts Claims Act, or pursuant to other Federal 
statutory authority. 

H.5 CLAIMS 

The Government shall not be liable for any cost incurred by the Contractor, any subcontractor, or 
any contract employee, in the furnishing of required security information, or in complying with 
the FBI's security requirements during the entire term of the contract. 

The Contractor agrees that no claim may be filed for Delay of Work due to any contractor, his 
subcontractors, or any employees thereof, failing to comply with the FBI's security requirements. 

H.6 ANNOUNCEMENT OF PROJECT 

The contractor is expressly forbidden from notifying any outside party of any details concerning 
any project on which the Contractor is providing any service to the FBI as a result of this 
contract, without the expressed written approval of the CO. The Contractor shall ensure that this 
clause is incorporated in agreements reached with any subcontractors, consultants, agents, or 
representative employed by the Contractor in contract performance or otherwise. 

H.7 BACKGROUND INVESTIGATIONS 

Contractor' s personnel may be subjected to background investigations and polygraph 
examination. 

H,8 (RESERVED) 

H.9 (RESERVED) 




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H,10 COMPLIANCE WITH SECTION 508 OF THE REHABILITATION ACT OF 
1973, 1998 AMENDMENTS 

Unless the Government invokes an exemption, all Electronic and Information Technology (EIT) 
products and services proposed shall fully comply with Section 508 of the Rehabilitation Act of 
1973, per the 1998 Amendments, 29 United States Code (U.S.C.) 794d, and the Architectural 
and Transportation Barriers Compliance Board' s Electronic and Information Technology 
Accessibility Standards at 36 Code of Federal Regulations (CFR) 1194. The contractor shall 
identify all EIT products and services proposed, identify the technical standards applicable to all 
products and services proposed and state the degree of compliance with the applicable standards. 
Additionally, the contractor must clearly indicate where the information pertaining to Section 
508 compliance can be found (e.g., Vendor' s or other exact web page location). The contractor 
must ensure that the list is easily accessible by typical users beginning at time of award. 

By submitting a bid or offer in response to this solicitation, the contractor makes an affirmative 
statement that the product or services to be provided as specified in the SOW are in compliance 
with the EIT Accessibility Standards (36 CFR 1194), as a minimum. 

H*1 1 SAFEGUARDING OF INFORMATION 

The contractor and its employees shall exercise the utmost discretion in regard to all matters 
relating to their duties and functions. They shall not communicate to any person or entity any 
information known to them by reason of their performance of service under this contract which 
has not been made public, except in the course of their duties or by written authorization of the 
CO. Further, no article, book, pamphlet, recording, broadcast, speech, television appearance, 
film, or photographs concerning any aspect of the contract shall be published or disseminated 
through any media without the prior written authorization of the CO. These obligations do not 
cease upon the termination of this contract. The contractor shall include the substance of this 
provision in all contracts for employment and in all subcontracts hereunder. 

H*12 CONFIDENTIALITY OF DATA 

Duplication or disclosure of the data and other information which the Contractor will have access 
as a result of this contract, is prohibited by Public Law. It is understood that throughout 
performance of the Contract, the Contractor will have access to confidential data which is the 
sole property of the FBI as well as access to proprietary data which is the sole property of other 
than the contracting parties. The Contractor hereby agrees to maintain the confidentiality of all 
such data to which access may be gained throughout contract performance, whether title thereto 
vests in the FBI or otherwise. The Contractor hereby agrees not to disclose said data, any 
interpretations thereof, or data derivative there from, to unauthorized parties whether real or 
artificial, in contravention of these provisions, without the prior written approval of the FBI CO 
or the party in which title thereto is wholly vested. The Contractor shall ensure that this clause is 
incorporated in any agreements reached with any subcontractors, consultants, agents, or 
representatives employed by the Contractor in contract performance or otherwise. 

HA3 DISCLOSURE OF DATA 

All data produced, developed, and/or delivered as a result of this contract, shall be the sole 
property of the FBI and shall be treated by the Contractor as official FBI documentation to be 
released by the FBI only. Duplication or disclosure of the data and other information produced 
by the Contractor hereunder is prohibited. Accordingly, the Contractor shall not disclose said 




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data, any interpretations thereof, or data derivation there from, to third parties whether real or 
artificial in contravention of these provisions, without the prior written approval of the FBI CO. 
The Contractor shall ensure that this clause is incorporated in any agreements reached with any 
subcontractors, consultants, agents, or representatives employed by the Contractor in contract 
performance or otherwise. 


H,14 SUBCONTRACTING RESTRICTION 

Except as specifically approved in writing, in advance by the CO identified in the clause entitled 
"Contract Administration" the Contractor shall not subcontract any work procured hereunder. It 
is contemplated that approval will be given for subcontracting certain phases of the work when, 
in the opinion of the COR and the CO, such subcontracting will not adversely affect the quality 
or delivery of neither the final product nor the difficulty or cost of inspection and testing. 
Requests for approval to subcontract shall be submitted, in writing, to the CO at the address 
shown in the clause entitled "Contract Administration". 

H.15 PERFORMANCE LIMITATIONS 

The Contractor has No Authority to issue changes or change orders, or alter any third party or 
independent contract that the Contractor are assisting the FBI in monitoring or overseeing. The 
Contractor is Unable to obligate the Government (specifically the FBI) in any way or to expend 
its monies without direct written instructions from the FBI CO. 

H,16 TRAVEL POLICY 

Travel requirements may arise in performing tasks as contemplated under this contract. In such 
circumstances, the Contractor shall travel in accordance with the rates and guidelines established 
in the Federal Travel Regulations, 41 CFR 301-304 (October 1996). All travel shall have prior 
approval in writing from the COR or CO. The FBI will reimburse the Contractor for allowable 
travel costs. 

The contractor shall comply with the guidance in FAR 3 1 .205-46 using the regulations specified 
below: 

1 . Federal Travel Regulations (FTR) - prescribed by the GSA, for travel in the contiguous 
U.S. 

2. Joint Travel Regulations (JTR), Volume 2, DoD Civilian Personnel, Appendix A - 
prescribed by the Department of Defense, for travel in Alaska, Hawaii, and outlying areas 
of the U.S. 

3. Department of State Standardized Regulations (DSSR) (Government Civilians, Foreign 
Areas), Section 925, "Maximum Travel Per Diem Allowances for Foreign Areas" - 
prescribed by the Department of State, for travel in areas not covered in the FTR or JTR. 

H,17 TRAVEL AUTHORIZATION REQUESTS 

Prior to any long distance travel, the contractor shall prepare a Travel Authorization Request for 
Government review and COR approval. The contractor shall provide the most economically 
efficient travel option, that would be the least cost to the Government. Travel shall be scheduled 
during normal duty hours unless otherwise authorized. 




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H,18 CONTENT OF TRAVEL REQUESTS 

Requests for travel approval shall: 

• Contain date, time, and points of departure 

• Contain destination, time, and dates of arrival 

• Contain the name of each contractor employee and position title 

• Include a description of the travel proposed including a statement as to purpose 

• Be summarized by traveler 

• Identify the contract number 

• Identify the CLIN(s) associated with the travel 

• Be submitted in advance of the travel with sufficient time to permit review and approval 


H,19 


Special Provision on Commercialization of Technology Developed Under Contract 
(Contractor Retains Patent Rights) 


(a) The parties to this contract :gree that, although the technology 

being licensed under this cortttabt iS diassifldd. 1 hd bdntrolled dissemination of the 
technology outside of the Federal Bureau of Investigation (FBI) could potentially be 
detrimental to national security. Accordingly, the parties agree to the following special 
provisions to control the dissemination of the technology developed under this contract. 


(b) For the purpose of this clause, the following terms shall have the following definitions: 


“Data” shall have the same meaning as the term in clause 52.227-14 and shall specifically 
include technically data and computer software as defined in clause 52.227-14. 


“Subject invention” shall have the same meaning as the term defined in clause 52.227-1 1 

“Commercialize” means to use any data first produced in the performance of this 
contract, any subject invention, or any hardware manufactured and deliverable under this 
contract that incorporates or was built using data first produced under this contract, for 
any commercial purpose other than doing business with the FBI. 


“Technology” means intellectual property of a scientific or technical nature that comes 
into existence as a direct result of performance of this contract regardless of the physical 
properties of the technology or the stage of its development. 


bl -1 
b3 -1 
bVE -2 


(c) The vendor shall take all necessary steps to effectuate the intent of this agreement, to include 
ensuring that vendor employees with access to data first produced under this contract and/or 
information pertaining to the subject inventions execute binding non-disclosure agreements 
to protect the information both during their employment with the vendor, as well as post- 
employment. 

H,20 Notice of Incorporation of Section K 

This Clause hereby ensures that this solicitation Part IV: Representations and Instructions, 
Sections K, L, and M will not be physically included in a contract resulting from this solicitation 
Pursuant to the provisions of FAR 1 5.204-1 - Uniform Contract Format, Section K - 


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Representations, Certifications and Other Statements of Offerors will be incorporated by 
reference and considered to be part thereof 

H,2I Technology Enhancement 

During the life of this contract, new products may become available as a result of enhancements 
and new technologies that were not available at the time of award. These enhanced products may 
offer significant advantages to the government in terms of economy, efficiency, quality, and 
mission effectiveness. It is the government's best interest to take advantage of such technology in 
a disciplined manner consistent with law, regulation, and its valid requirements. Technology 
Enhancement Change Proposals (TECP) submitted under this contract for replacement of 
obsolete technology may be accepted by the government. Each individual price for item(s) 
offered in the TECP will be negotiated on an individual basis and upon acceptance will be 
incorporated into the contract. 

H,22 (RESERVED) 

H.23 Travel 

For any travel required under this Contract for which the Contractor intends to request 
government funding, the Contractor shall acquire written pre-approval from the COR and 
verification of funding. Any travel requirements will be reimbursed in accordance with the 
Federal Travel Regulation and FBI 50 mile travel policies. In accordance with the FBI travel 
policy, travel to and from the Contractor facility or designated work sites or travel within a 50 
mile radius of these facilities shall not be reimbursed. 

H,24 Continuing Contract Performance During a Pandemic Influenza or other National 
Emergency 

During a Pandemic or other emergency we understand that our contractor workforce will 
experience the same high levels of absenteeism as our federal employees. Although the 
Excusable Delays and Termination for Default clauses used in government contracts list 
epidemics and quarantine restrictions among the reasons to excuse delays in contract 
performance, we expect our contractors to make a reasonable effort to keep performance at an 
acceptable level during emergency periods. 

The Office of Personnel Management (0PM) has provided guidance to federal managers and 
employees on the kinds of actions to be taken to ensure the continuity of operations during 
emergency periods. This guidance is also applicable to our contract workforce. Contractors are 
expected to have reasonable policies in place for continuing work performance, particularly 
those performing mission critical services, during a pandemic influenza or other emergency 
situation. 

The types of actions a federal contractor should reasonably take to help ensure performance are: 

Encourage employees to get inoculations or follow other preventive measures as advised by the 
public health service. 

Contractors should cross-train workers as backup for all positions performing critical services. 
This is particularly important for work such as guard services where telework is not an option. 


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o Implement telework to the greatest extent possible in the workgroup so systems are in 
place to support successful remote work in an emergency, 
o Communicate expectations to all employees regarding their roles and responsibilities in 
relation to remote work in the event of a pandemic health crisis or other emergency. 

Establish communication processes to notify employees of activation of this plan. 

o Integrate pandemic health crisis response expectations into telework agreements. 

With the employee, assess requirements for working at home (supplies and equipment needed for 
an extended telework period). Security concerns should be considered in making equipment 
choices; agencies or contractors may wish to avoid use of employees' personal computers and 
provide them with PCs or laptops as appropriate. 

o Determine how all employees who may telework will communicate with one another and 
with management to accomplish work, 
o Practice telework regularly to ensure effectiveness. 

o Make it clear that in emergency situations, employees must perform all duties assigned 
by management, even if they are outside usual or customary duties, 
o Identify how time and attendance will be maintained. 

It is the contractor's responsibility to advise the government contracting officer if they anticipate 
not being able to perform and to work with the Department to fill gaps as necessary. This means 
direct communication with the contracting officer or in his/her absence, another responsible 
person in the contracting office via telephone or email messages acknowledging the contractors 
notification. The incumbent contractor is responsible for assisting the Department in estimating 
the adverse impacts of nonperformance and to work diligently with the Department to develop a 
strategy for maintaining the continuity of operations. 

The Department does reserve the right in such emergency situations to use federal employees, 
employees of other agencies, contract support from other existing contractors, or to enter into 
new contracts for critical support services. Any new contracting efforts would be acquired 
following the guidance in the Office of federal Procurement Policy issuance "Emergency 
Acquisitions", May, 2007 and Subpait 18.2. Emergency Acquisition Flexibilities, of the Federal 
Acquisition Regulations. 

H,25 Notice to Prospective Contractors 

Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794d), requires 
Federal agencies to procure, use, maintain, and develop accessible electronic and information 
technology, unless doing so imposes an undue burden. National security systems are exempt. 
Federal agencies were required to comply with standards promulgated by the Architectural and 
Transportation Barriers Compliance Board (the Access Board) that took effect on August 7, 

2000. Agencies must biannually evaluate their compliance with Section 508 and must report the 
results of these self-evaluations to the Attorney General. 

H.26 E-QIP Special Security Requirements 

Access to Federal Bureau of Investigation (FBI) Locations 

Performance under this contract may require access to FBI locations to provide some service, 
product, or perform some other official function of interest to the FBI. Requirements, as 


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identified below, to include approval by the FBI's Security Division, must be satisfied prior to 
access. 

Contractors who will require escorted access, to include short-term, intermittent, or infrequent 
access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI Facilities, 

Background Data Information Form," (FD 816), a "Privacy Act of 1974 Acknowledgment Form" 

(FD 484) and two Fingerprint Cards (FD 258), Completed forms should be provided to the 
assigned Contracting Officer's Technical Representative (COR) at least 10 days prior to 
required access. 

Individuals requiring unescorted access to an FBI facility must complete the Standard Form 86 
(SF-86), Questionnaire for National Security Positions, using the Office of Personnel 
Management' s Electronic Questionnaires for Investigations Processing (e-QIP) and provide two 
Fingerprint Cards (FD 258), e-QIP is a secure website that can be accessed from any computer 
system which has an Internet connection. Only the signed release forms and FD 258 will need to 
be mailed to the identified Chief Security Officer, the SF-86 itself will be transmitted to the FBI 
electronically. 

To complete 
must contact 

Once this action has been accomplished, the individual should be able to access e-QIP at the b7c -i 

following link in order to initiate and complete the electronic process: h t.t 0 ./,6'Vw\v oi > n';.v x .A-/e- 
q i p/b rowser-ch eck . asp . Thoroughly read and follow the instructions for completing the SF-86. 

NOTE: To fully address suitability /security issues, the FBI requires individuals to provide 
responses to questions on the SF-86 for the last ten years. Failure to complete the 
application as instructed may lead to significant delays in processing the required 
investigation and approval for unescorted access. 

Upon logging onto e-QIP, there will be a prompt to answer three “Golden” security questions to 
establish the user account. After completing the electronic SF-86, please print and sign the (1 ) 

Certification Form (CER) - Certify Completeness and Accuracy of your Investigation Request; 

(2) Medical Release Form (MEL) - Authorization for Release of Medical Information; and (3) 

Release Form (REL) - Authorization for Release of Information. In addition to these SF 86 

release forms, the completion of a Non-Personnel Consent to Release Information (FD-979a), the 

United States Department of Justice Disclosure and Authorization Pertaining to Consumer 

Reports (DOJ 555) are required Annotation of the assigned e-QIP Investigation Request 

Number on the upper right corner of each document transmitted to the identified Chief 

Security Officer is required for coordination with the electronic transmission and to 

facilitate the investigative process. The e-QIP Investigation Request Number, automatically 

generated by e-QIP, is located on both the header and footer of the signature forms. These 

release forms (five total) and FD 258 should be mailed via Federal Express or UPS Express mail 

directly to the followimr address: ! I The use of b6 -i 

regular U.S. mail channels may cause significant delays in processing the unescorted access 

request. 

Upon completion of processing the facility access request, the individual will be required to 
execute a non-disclosure agreement suitable for their approved access. 

H.27 Contractor Suitability SSR 


nrinii un escorted access to the FBI facility 
in order to be initiated into e-QIP. 


b6 -1 


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Access to FBI facilities and information is subject to specific security and suitability 
requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and 
information access of any contractor employee determined by the FBI, at any time prior to or 
during performance, to be unsuitable for access and/or present a risk of compromising sensitive 
government information to which he or she would have access to under this contract. 

Contractors will be allotted a reasonable amount of time, determined by the government, to 
replace the employee found not suitable for contract performance. Failure to replace the 
employee may result in a no cost termination by the government. 

(End SSR) 

H,28 Release of Information-Publications by Contractor Personnel 

The Federal Bureau of Investigation (FBI) specifically requires that Contractor shall not divulge, 
publish, or disclose information or produce material acquired as or derived from the performance 
of their duties. 

For purposes of this clause, "Information" shall include but not be limited to: in any media or all 
media including on the web or web sites; publication, studies, books, these , photographs, films 
or public announcements, press releases describing any part of the subject matter of this contract 
or any phase of any program hereunder, except to the extent such is: 

(i.) Already known to the contractor prior to the commencement of the contract 

(ii.) Required by law, regulation, subpoena or government or judicial order to be disclosed, 

including the Freedom of Information Act. 


No release of information shall be made without the prior written consent of the Office of Public 
Affairs and the Contracting Officer. The contractor and author are warned that disclosure is not 
without potential consequences. The FBI will make every effort to review proposed publications 
in a timely manner to accommodate these and other publications. 

Where appropriate, in accordance with established academic publishing practices, the FBI 
reserves the right to author/co-author any publication derived from this contract. 

THESE OBLIGATIONS DO NOT CEASE UPON COMPLETION OF THIS 
CONTRACT. 

H.29 Classified Contract Special Security Requirement (SSR) 

The FBI has determined that performance of this effort requires that the Contractor have access 
to classified National Security Information (herein known as classified information). Classified 
information is Government information which requires protection in accordance with Executive 
Order 12356, Classified National Security Information, and supplementing directives. Executive 
Order 13292, dated 28 March 2003, “Further Amendment to Executive Order 12356, as 
amended, “Classified National Security Information” and implementation directives, provides 
principles and procedures for the proper classification and declassification of material. These 
principles and procedures are applicable to classified documents or materials generated by the 
contractor in performance of this contract. 

This clause applies to the extent that this contract involves access to information classified “Top 
Secret”. 


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The contractor shall comply with: 

(1) The Security Agreement (DD Form 441), including the National Industrial Security 
Program Operating Manual (DoD 5220. 22-M) 

(2) Any revisions to that manual, notice of which has been furnished to the contractor. 

The Contractor shall abide by the requirements set forth in the DD Form 254 and the National 
Industrial Security Program Operating Manual (NISPOM), DoD 5200. 22-M) for the protection 
of classified information at its cleared facility, if applicable, as directed by the DSS. If the 
Contractor has access to classified information at a FBI or other Government facility, it shall 
abide by the requirements set by the agency. 

No classified document or material provided by the FBI, or generated by the contractor pursuant 
to the contract, may be downgraded or declassified unless authorized in writing by the CO. 

The Contractor shall appoint a senior official to act as the Corporate Security Officer. The 
individual shall interface with the FBI Security Office on all security matters, to include 
physical, personnel and protection of all Government information and data accessed by the 
Contractor. 

Contractor personnel will require access to classified information and have access to classified 
areas. Contractor personnel shall possess at least an active and transferable Government Secret 
clearance at the time of proposal submission. Contractor personnel assigned to this project shall 
be subject to routine criminal and credit checks by the FBI. 

Contractor personnel shall be subject to counterintelligence focused polygraph examinations at 
the Government's discretion. The polygraph examinations may be required prior to acceptance 
or at any time during the contract, without notice. 

If subsequent to the date of this contract, the security classification or security requirements 
under this contract are caused to be changed by the Government and if the changes cause an 
increase or decrease in security costs or otherwise affect any other term or condition of this 
contract, the contract shall be subject to an equitable adjustment as if the changes were directed 
under the Changes clause of this contract. 

The contractor agrees to insert terms that conform substantially to the language of this clause, 
including this paragraph, but excluding any reference to the Changes clause of this contract, in 
all subcontracts under this contract that involve access to classified information. 

The contractor is obligated to comply with all relevant clauses and provisions incorporated into 
this contract and with the Contractor NonDisclosure Agreement, and as referenced therein, the 
NISPOM, dated January 1995, and all applicable FBI security policies and procedures, including 
the DCIDs. As applicable, the contractor shall maintain a security program that meets the 
requirements of these documents. 

Security requirements are a material conduction of this contract. This contract shall be subject to 
immediate termination for default, without the requirement for a 10-day cure notice, when it has 
been determined by the CO that a failure to fully comply with the security requirements of this 
contract resulted from the willful misconduct or lack of good faith on the part of any one of the 




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Contractor' s directors or officers, or on the part of any of the managers, superintendents, or 
equivalents of the contractor who have supervision or direction of: 

a. All or substantially all of the contractor' s business, or 

b. All or substantially all of the contractor' s operations at any one plant or separate 
location in which this contract is being performed, or 

c. A separate and complete major industrial operation in connection with the performance 
of this contract. 

When deficiencies in the contractor' s security program are noted which do not warrant 
immediate default, the contractor shall be provided a written notice of the deficiencies and be 
given a period of 90 days in which to take corrective action. If the contractor fails to take the 
necessary corrective action, the CO may terminate the whole or any part of this contract, for 
default. The contractor shall maintain and administer, in accordance with all relevant clauses 
and provisions set forth or incorporated into this contract, a security program that meets the 
requirements of these documents. 


(End SSR) 

H*30 Consent for Warrantless Searches of Department of Justice Workplaces 

All cleared personnel accessing information within FBI controlled space are required to execute 
an FBI Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) 
Workplaces as a condition of working at FBI facilities. The FBI's Director implemented the 
Attorney General's policy subjecting employees to warrantless physical searches of their offices 
or immediate workplaces within DOJ premises when authorized by the Attorney General (AG) 
or the Deputy Attorney General (DAG) based upon a determination that information the 
Department deems credible indicates that the employee: 

1) is, or may be, disclosing classified information in an unauthorized manner; 

2) has incurred excessive indebtedness or has acquired a level of affluence that cannot be 
reasonably explained by other information, 

3) had the capability and opportunity to disclose classified information that is believed to 
have been lost or compromised to a foreign power or an agent of a foreign power, or 

4) has repeatedly or significantly mishandled or improperly stored classified information. 

The search may extend to the entire office or workplace and anything within it that might hold 
classified information, including locked containers (such as briefcases) and electronic storage 
media (such as computer disk and handheld computers), whether owned by the government, by 
the employee, or by a third party. The search may be conducted by appropriate FBI personnel 
and/or law enforcement officers, on an announced or unannounced basis, during the workday or 
after hours. If discovered during a search, evidence of misconduct - whether related to storage or 
classified information, storage of sensitive but unclassified information, or a crime - will be 
collected and reported to appropriate authorities. 


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IseSrejic 


Contractor personnel who will meet the above criteria will be required to sign Form FD 1001 
Consent for Warrantless Searches of Department of Justice (DOJ) Workplaces (attached) upon 
award and forward the executed form(s) to the assigned Contracting Officer's Technical 
Representative designated in Section G of the solicitation if this is a formal solicitation or listed 
below . All forms will be retained by the FBI during the period the individual is providing 
services and two years after that individual's departure before final disposition is taken. 

H,3I Special Security Requirements 

H,3I.l Contractor Personnel Security Reporting Requirements 

H, 3I.1,2 Security Requirements Applicable to Contractor Personnel with Access to 

FBI Locations, Protected Information and/or Information Systems 

Contractor personnel security reporting requirements are applicable to all individuals to be 
assigned to FBI locations, those who require access to protected information and/or information 
systems, to include those identified as "Key Personnel", if specified in the contract. The 
contractor shall plan for expected attrition through advanced preparation and submission of 
required information. 

Only such persons who have been authorized by the CO and/or the CSO/COSR, shall be 
assigned to this work. In this regard, for identification purposes, the contractor will be required 
to submit the name, address, place and date of birth of all personnel who will be involved in the 
work hereunder. Said information will be required to be provided to the identified CSO not later 
than seven (7) days in advance of the scheduled date of such work. Information relating to an 
individual(s) identified as "Key Personnel " should be reported to the CSO after the written 
consent of the CO has been received. 

The contractor agrees to abide by all applicable FBI security policies or procedures governing 
personnel, facilities, information, technical, information systems, communications and protective 
programs. 

All contractor personnel who receive a security clearance, facility, information or information 
system access approval under the terms of this contract will be required to execute a FBI 
specified nondisclosure agreement. The contractor agrees to abide by all applicable FBI security 
policies and procedures governing personnel, facilities, technical, information systems, 
communications and protective programs. The following reporting requirements must be 
reported to the identified CSO as promptly as possible, but in no event later than three (3) 
business days of the conduct, event or activity. Reporting requirements are to be accomplished 
electronically, if the contractor personnel are assigned to FBI locations, through the FBI' s 
established Enterprise Process Automation System (EPAS), or in writing, if the contractor 
personnel are not performing at an FBI location. 

Contractor personnel are required to report the following high-risk security concerns, if not 
previously reported to the FBI: 

I. Unofficial contacts with foreign nationals. (FD 981 Report of Foreign Contact) 

2. Unofficial contacts with individuals who are or who are suspected to be engaging in criminal 
or terrorist activity. (FD 1 078 Personnel Self Reporting Requirements Form) 



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Unofficial contacts may develop in person or through interaction between parties via written or 
electronic communication (e.g., the Internet, letter, or telephone). 

3. Failure to comply with the Standard of Ethical Conduct for Employees of the Executive 
Branch, etc. 

4. Dual or multiple citizenship and use or possession of an active foreign passport involving 
foreign travel. All contractor employees with employee-type access to FBI facilities, 
information and information systems, who possess both citizenship with the United States and a 
foreign country are required to affirm that he/she has renounced his/her dual citizenship, or 
expressed a willingness to renounce any foreign citizenship through the execution of the Loyalty 
Agreement Form and surrender of their current or expired foreign passport to the FBI, Security 
Division, Clearance Passage and Sub-Programs Unit (CPSU), WB-450, 935 Pennsylvania 
Avenue, NW, Washington, DC 20535. “Employee-type” access is defined as access by a 
contractor which includes their assignment to an FBI location with access to FBI protected 
information and information systems. If the contractor employee is not located within the 
Washington, DC metropolitan area, the executed Loyalty Agreement Form and current or 
expired foreign passport should be forwarded via Federal Express. Receipt of the foreign 
passport will be validated through the issuance of a property receipt to the contractor employee. 
The contractor employee shall notify the Unit Chief, CPSU of their contract performance 
termination, when possible, no earlier than 30 days prior to separation and request the return of 
his/her foreign passport. Temporary access to foreign passports for travel may be granted on a 
case-by-case basis taking into consideration the risk associated with the request and whether the 
risk is manageable and acceptable. Requests shall be submitted in writing to the Assistant 
Director, Security Division, or designee, at least 30 days prior to travel. 

The exercise of any right, privilege, or obligation of foreign citizenship by a contractor employee 
with dual citizenship and foreign passport, without notification to the FBI, Security Division, 
CPSU, and the specific aproval of the Assistant Director, Security Division, or designee, will be 
viewed as a direct violation of FBI security requirements. This includes, but is not limited to: 

(1 ) Possession of a current foreign passport; 

(2) Military service or a willingness to bear arams for a foreign country; 

(3) Accepting eductional, medical, retirement, social welfare, or other such benefits 
from a foreign country, 

(4) Residence in a foreign country to meet citizenship requirements; 

(5) Using foreign citizenship to protect financial or business interests in another 
country; 

(6) Seeking or holding political office in a foreign country; 

(7) Voting in foreign elections; 

(8) Action to acquire or obtain recognition of a foreign citizenship by an American 
citizen; 

(9) Performing or attempting to perform duties, or otherwise acting, so as to serve the 
interests of a foreign person, group, organization, or government in conflict with the 
national security interest; 

(10) Any statement or action that shows allegiance to a country other than the United 
States: for example, declaration of intent to renounce United States citizenship; 
renunciation of United States citizenship, 

(11) Any attempt to obtain a new foreign passport or renew an expired foreign passport 
is prohibited. 


5. Current foreign citizenship of a spouse. 


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6. Current residence with a person who is not a United States citizen. 

7. Current residence of immediate family members (parents, spouse, children and/or siblings) in 
a foreign country. 

8. Foreign financial holdings, in excess of $3,000,00, such as currency in a foreign financial 
institution and/or ownership of foreign real estate/property or business(es). 

9. Receipt of money or assets, e.g., pensions, inheritances, living expenses, annuities, or any 
other form of financial support, from a foreign government or any foreign national, excluding 
immediate family members if they are legally residing in the United States. 

10. Current association, or immediate family member' s current association, with a foreign 
government or military of a foreign country. 

1 1 . Direct or suspected links, to include close or immediate family members, to any criminal 
foreign intelligence, and/or domestic/foreign terrorism organization or group. 

12. Other security concerns that could adversely impact upon the security and/or safety of FBI 
personnel, information, facilities or mission; safety of other individual; and/or the protection of 
U.S. national security interests. 

13. Other reportable events, incidents, and/or concerns involving contractor personnel and/or 
their close or immediate family members. Other reportable events/ incidents, and/or concerns is 
defined as any information that adversely reflect on the integrity or character of an employee that 
suggests that his or her ability to safeguard FBI Sensitive But Unclassified (SBU)/Law 
Enforcement Sensitive (LES) and/or classified information may be impaired, or that his or her 
access to the information clearly may not be in the interest of the FBI and/or National Security. 

The following reporting requirements must be reported to the identified CSO as promptly as 
possible, but in no event later than five (5) business days when the, activity, or incident occurred. 
Reporting requirements are to be accomplished electronically, if the contractor personnel are 
assigned to FBI locations, through the “Personnel Self-Reporting” (FD 1078) EPAS form, or 
manually, with the identified hardcopy forms. 

1. Law Enforcement contact(s): 

a. During aggravated or unusual circumstances (e.g., any arrest, domestic violence 
incident report, driving while intoxicated/under the influence (DWEDUI), etc.) 

b. Issued traffic ticket or criminal citation for a violation, resulting in fine(s) in excess of 
$300.00. 

2. Financial Indebtedness: 

a. Filing/petition for bankruptcy due to outstanding personal debts, which may result in 
an adjudication by a U.S. Bankruptcy Court for: liquidation or discharge of debts, 
dismissal or denial of bankruptcy petition, individual debt adjustment, and/or subsequent 
revocation of any initial discharge of debts. 


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3. Outside employment and activities (FD 331, 331a, 331b, 331c, or 33 Id) 

4. Official and unofficial foreign travel (FD 772 or 772b) 

5. Official and unofficial foreign national contacts (FD 981) 

6. Change in marital status (FD 292) 

7. Roommates or cohabitants (FD 773) 

Contractors shall immediately report, either verbally or through written communication, the 
following to the designated CSO: 

1 . Change to contractor' s status as a result of death, 

2. Change to contractor' s status which alters their originally assigned location and FBI Division 
to which they report. 

3. Employees desiring not to perform on the contract. 

Willful disregard of these requirements, or refusal to consent to, or to complete to the satisfaction 
of the CSO, FBI investigator and/or the Security Division, any lawful and appropriate request(s) 
may warrant an assessment of the contractor employee for continued eligibility for FBI facility, 
information and/or information system access privileges and the Contracting Officer' s may 
initiate action resulting in the immediate removal of the employee from FBI space and ability to 
perform on FBI contracts. Such action(s) may in addition be subject to any action or penalty 
prescribed by law. If contract performance is impacted as a result of removal of the employee, 
the contractor may be found in default of the contract. In the event that the development of 
information or material is not clearly addressed by the contract or FBI security policy or 
procedures, the contractor is required to seek FBI guidance. 

H,32 Financial Disclosure 

H,32.1, Procedures and Processes 

H*32.1*l Financial Disclosure Requirements 

Financial considerations and foreign travel have been identified as significant elements in recent 
espionage cases. In response to these threats. Executive Order 1 2968 established a requirement 
that all Executive Branch personnel who are granted access to "particularly sensitive classified 
information" as a condition of such access file with the agency head an annual financial 
disclosure report. With the continuous dependency on contractors to support the FBI, to include 
access to classified information, if a procurement is expected to result in the acquisition of 
services involving the assignment of contractor personnel to FBI locations, access to Sensitive 
Compartmented Information (SCI) and access to the FBI's Secret Network (FBINET) the 
Program Management Officer/Contracting Officer's Technical Representative (COTR), in 
coordination with the assigned Chief Security Officer, are required to identify during 
procurement planning stages, whether an acquisition will require the anticipated contract to 
include the Special Security Requirement identified below: 

H,32.1,2 Special Security Requirement 



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Security Requirements Applicable to Contractor Personnel Assigned to FBI Locations, 
with Access to Sensitive Compartmented Information (SCI) and the FBI Secret Network 
(FBINET), or those selected by the Director or Deputy Director of the FBI* 


Requirements are applicable to all individuals to be assigned to FBI locations, to include those 
identified as "Key Personnel", if specified in the contract, who will require access to FBI 
locations, SCI and FBINET, or those selected by the Director or Deputy Director of the FBI, 

Award of this contract is anticipated to result in the assignment of contractor personnel to FBI 
controlled or occupied space with access to SCI and the FBINET. As such, all contractor 
personnel assigned to such space with access to SCI and FBINET, or those selected by the 
Director or Deputy Director of the FBI, are required to file an annual Security Financial 
Disclosure Form (SFDF). Information collected through these filings is used to help make 
personnel security determinations including whether to allow access to classified information, 
sensitive areas, and equipment, or to permit assignment to sensitive national security positions. 
The data may be subsequently used as part of a review process to evaluate continued eligibility 
for access to classified information or as evidence in legal proceedings. 

Upon request, contractor employees required to file must: 

a. Submit an annual financial disclosure form electronically using the SFDF. The SFDF 
is a web-based form that is accessible only through the FBI Intranet. Every form submitted 
undergoes automated analysis, and is stored in a secure database, 

b. Sign and submit two consent forms: Disclosure and Authorization Pertaining to 
Consumer Reports Pursuant to the Fair Credit Reporting Act, (DOJ-555) and Personnel Consent 
to Release Information, (FD-979) to the assigned FBI Chief Security Officer, (These consent 
forms are used only if deemed necessary by the FBI in the event of a financial review. If a filer 
submitted the consent forms in a previous year, he/she would be required to resubmit only the 
form if requested to do so by the assigned FBI Chief Security Officer); 

c. Include all requested information pertaining to the filer, his or her spouse, and any 
dependent children. A filer whose spouse or dependent(s) refuse to provide financial 
information should explain the circumstances of this refusal in the Comments Section of the 
SFDF, The filer may be subject to penalties, including having access to classified information 
suspended, revoked, or denied. Individual circumstances are reviewed on a case by case basis. 

d. Not omit or provide false or misleading information on an SFDF, Filings are reviewed 
for accuracy and completeness, and filers may be contacted by FBI employees/contractors 
assigned the responsibility of the Financial Disclosure Program regarding any potential 
discrepancies and/or omissions. 

Contractor employees who meet the sited criteria are required to file and are responsible for the 
successful completion of the SFDF process. Refusal to submit financial disclosure information 
could result in the immediate removal of the employee from FBI space, restricted access to FBI 
information or denial of unescorted access to FBI facilities. Exceptions will be resolved on a 
case-by-case basis. If contract performance is impacted as a result of removal of the employee, 
the contractor may be found in default of the contract. If a contractor employee terminates 
employment and/or assignment to the FBI prior to the reporting requirement, the contractor 
employee is not required to file. 



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s: 


T 


H,33 Department of Justice (DOJ) Procurement Guidance for Security of Systems and 
Data, Including Personally Identifiable Information 

H, 33.1, Special Security Requirements 

H*33.1*l* Security of Systems and Data, Including Personally Identifiable Data 

а. Systems Security 

The work to be performed under this contract requires the handling of data that originated within 
the Department of Justice, data that the contractor manages or acquires for the Department, 
and/or data that is acquired in order to perform the contract and concerns Department programs 
or personnel. 

For all systems handling such data, the contractor shall comply with all security requirements 
applicable to Department of Justice systems, including but not limited to all Executive Branch 
system security requirements (e.g. requirements imposed by 0MB and NIST), DOJ IT Security 
Standards, and DOJ Order 2640.2E. The contractor shall provide DOJ access to and information 
regarding the contractor's systems when requested by the Department in connection with its 
efforts to ensure compliance with all such security requirements, and shall otherwise cooperate 
with the Department in such efforts. DOJ access shall include independent validation testing of 
controls, system penetration testing by DOJ, FISMA data reviews and access by the DOJ Office 
of the Inspector General for its reviews. 

The use of contractor-owned laptops or other media storage devices to process or store data 
covered by this clause is prohibited until the contractor provides a letter to the Contracting 
Officer (CO) certifying the following requirements: 

I . Laptops must employ encryption using a NIST Federal Information Processing Standard 
(FIPS) 140-2 approved product; 

2, The contractor must develop and implement a process to ensure that security and other 
applications software is kept up-to-date; 

3. Mobile computing devices will utilize anti-viral software and a host-based firewall 
mechanism; 

4, The contractor shall log all computer-readable data extracts from databases holding sensitive 
information and verify each extract including sensitive data has been erased within 90 days or its 
use is still required. All DOJ information is sensitive information unless designated as non- 
sensitive by the Department; 

5. Contractor-owned removable media, such as removable hard drives, flash drives, CDs, and 
f oppy disks, containing DOJ data, shall not be removed from DOJ facilities unless encrypted 
using a NIST FIPS 140-2 approved product; 

б. When no longer needed, all removable media and laptop hard drives shall be processed 
(sanitized, degaussed or destroyed) in accordance with security requirements applicable to DOJ, 

7. Contracting firms shall keep an accurate inventory of devices used on DOJ contracts, 

8. Rules of behavior must be signed by users. These rules shall address at a minimum: 
authorized and official use; prohibition against unauthorized users; and protection of sensitive 
data and personally identifiable information, 

9. All DOJ data will be removed from contractor-owned laptops upon termination of contractor 
work. This removal must be accomplished in accordance with DOJ IT Security Standard 
requirements. Certification of data removal will be performed by the contractor's project 
management and a letter confirming certification will be delivered to the CO within 1 5 days of 
termination of contractor work. 


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b. Data Security 


By acceptance of, or performance on, this contract, the contractor agrees that with respect to the 
data identified in paragraph a, in the event of an actual or suspected breach of such data (i.e., loss 
of control, compromise, unauthorized disclosure, access for an unauthorized purpose, or other 
unauthorized access, whether physical or electronic), the contractor will immediately (and in no 
event later than within one hour or discovery) report the breach to the CO and the Contracting 
Officer's Technical Representative (COTR). 

If the data breach occurs outside of regular business hours and/or neither the CO nor the COTR 
can be reached, the contractor shall call the DOJ Computer Emergency Readiness Team 
(DOJCERT) at 1-866-US4-CERT (1-866-874-2378) within one hour of discovery of the breach. 
The contractor shall also notify the CO as soon as possible during regular business hours. 

c. Personally Identifiable Information Notification Requirement 

The contractor further certifies that it has a security policy in place that contains procedures to 
promptly notify any individual whose personally identification information (as defined by OMB) 
was, or is reasonably believed to have been, breached. Any notification shall be coordinated 
with the Department, and shall not proceed until the Department has made a determination that 
notification would not impede a law enforcement investigation or jeopardize national security. 
The method and content of any notification by the contract shall be coordinated with, and be 
subject to the approval of, the Department. The contractor assumes full responsibility for taking 
corrective action consistent with the Department's Data Breach Notification Procedures, which 
may include offering credit monitoring when appropriate. 

d. Pass-through of Security Requirements to Subcontractors 

The requirements set forth in Paragraphs a through c above, apply to all subcontractors who 
perform work in connection with this contract. For each subcontractor, the contractor must 
certify that it has required the subcontractor to adhere to all such requirements. Any breach by a 
subcontractor of any of the provisions set forth in this clause will be attributed to the contractor. 

H.33.1.2. Information Resellers or Data Brokers 

Under this contract, the Department obtains personally identifiable information about individuals 
from the contractor. The contractor hereby certified that it has a security policy in place which 
contains procedures to promptly notify any individual whose personally identifiable information 
(as defined by OMB) was, or is reasonably believed to have been, lost or acquired by an 
unauthorized person while the data is under the control of the contractor. In any case in which 
the data that was lost or improperly acquired reflects or consists of data that originated with the 
Department, or reflects sensitive law enforcement or national security interest in the data, the 
contractor shall notify the Department Contracting Officer so that the Department my determine 
whether notification would impede a law enforcement investigation or jeopardize national 
security. In such cases, the contractor shall notify the individuals until it receives further 
instruction from the Department. 

H,34 Continuation of Essential Contractor Services 


T 


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The following danse may he applicable in the fnlnre. If this danse applies to a specific task, the 
Statement of Work (SOW) for that task will identify the essential personnel. If essential personnel 
are NOT identified in the SOW, this danse does not apply. 

(a) This contract has been designated as essential for continuation of a critical operational function 
of the Federal Bureau of Investigation (FBI), Because performance of this contract is critical, the 
government and the contractor have reached this special agreement to take specific actions in the 
event of an emergency, such as nuclear, biological, chemical, or radiological attack, natural 
disaster, or health emergency, such as a pandemic. The portions of this contract that have been 
identified as essential contractor services are identified on the attachment to this clause. 

(b) The contractor agrees, notwithstanding potential excusable delays created by the event, to make 
best efforts to continue essential operations under the contract during an emergency or other 
event designated by the FBI and: 

1 ) Cooperate with FBI actions to protect individuals (such as special protective 
gear, inoculations, or relocation); 

2) Take other necessary actions as directed by the FBI during an emergency or a 
situation that may disrupt normal operations; 

3) Ensure critical personnel are identified within 30 days of award or contract 
designation as critical; 

4) Obtain commitments from critical personnel to participate as directed by the 
FBI. 

(c) The government agrees to: 

1 ) Notify the contractor that it is invoking this clause; 

2) Utilize the authority of this clause only in emergency circumstances 
warranting its invocation; and 

3) As appropriate, consider contractor' s request for equitable adjustment based 
on the provision of emergency services at the conclusion of actions taken 
pursuant to this clause. 

(d) Equitable adjustment. The contractor must assert a claim for equitable adjustment within sixty 
(60) days of conclusion of actions taken pursuant to this clause, or within time specified by the 
Changes clause, if already included in the contract, whichever is earlier. The government agrees 
to negotiate an equitable adjustment to this contact at the conclusion of actions taken pursuant to 
this contingency plan in the event there is a cost impact. A failure of the parties to agree on the 
equitable adjustment will be considered to be a dispute in accordance with the “Disputes” clause 
of this contract. 

(e) The contractor shall complete a written plan within 30 days after award of this contract (or, in the 
case of modification, within 30 days of incorporation into the contract of this clause), for 
continuing the performance of essential contractor services identified in the attachment to this 
clause. 

1) The plan shall identify provisions made for the acquisition of necessary 
personnel and resources for continuity of operations up to 30 days or until 
normal operation can resume. 

2) The plan must address at a minimum: 

i. Chall<3nges associated with maintaining essential services during an 
extended event, such as a pandemic that occurs in repeated waves; 

ii. The time lapse associated with the initiation of the acquisition of 
necessary replacement personnel and resources and their actual 
availability on-site; 

iii. The resources, processes and requirements for identification, training 
and preparedness of personnel who are capable of relocating to 
alternate spaces or performing work at home. 


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iv. Alert and notification procedures for mobilizing identified essential 
contractor service personnel; and 

V, The approach for communicating expectations to contractor personnel 
regarding their roles and responsibilities during an emergency or other 
event designated by the FBI. 

3) The contractor shall update and maintain its plan as necessary. The contractor 
shall provide all updated plans to the contracting officer for approval. 

(f) The contractor shall notify the contracting officer in advance at any time it determines that 
actions under the contingency plan need to be taken. At the time of notification, the contractor 
shall also provide a cost estimate with regard to the anticipated cost of continuing to provide 
services during the emergency. The contractor shall inform the Contracting Officer of an 
increase or decrease in those anticipated costs within 30 days after continued services have been 
directed by the Contracting Officer or within any other time period approved by the Contracting 
Officer in writing. The government reserves the right to determine that action under the 
contingency plan shall not betaken. 

(g) In the event that the contractor anticipates not being able to perform services in accordance with 
its plan, the contractor shall notify the Contracting Officer as expeditiously as possible. 

(h) The contractor shall participate, as directed by the Contracting Officer, in training events, 
exercises and drills associated with Government' s efforts to test the effectiveness of continuity of 
operations. 

(i) The Government reserves the right in an emergency situation to use Federal employees, military 
personnel or contract support from other contractors or enter into new contracts for essential 
contractor services. 

(j) All paragraphs except the equitable adjustment provisions of this clause shall be included in 
subcontracts that have been determined to be for critical services. 

H*35 Contracting Officer's Security Representative (COSR) - Contract Security 
Requirements from Acquisition Security Unit (ASU) 

COSR are the designated representatives of the CO and derives their authorities directly from the 
CO. They are responsible for certifying the contractor' s capability for handling classified 
material and ensuring that customer security policies and procedures are met. The COSR is the 
focal point for the contractor, CO, and COTR regarding security issues. The COSR c annot 

initiate any course of action that may alter the terms of the contract. The COSR is UC| 

I I The provisions of this clause shall apply 

to the extent that any aspect of this contract requires the contractor to access classified, of 
Sensitive but Unclassified and/or Law Enforcement Sensitive information. If, subsequent to the 
date of this contract, the security requirements under this contract are changed by the FBI, as 
provided in this clause, and the security costs or time required for delivery under this contract are 
thereby increased or decreased, the contract price, delivery schedule, or both, and any other 
provision of this contract which may be affected shall be subject to an equitable adjustment in 
accordance with the procedures in the Changes clause of this contract. 

H,36 DOJ Residency Requirement - Contract Security Requirements from Acquisition 
Security Unit (ASU) 

DOJ Residency Requirement: All contractor personnel employed within the United States, both 
United States citizens and non-United States citizens, are required to meet the following 
residency requirements: For three of the five years immediately prior to applying for the specific 
contract position, the individual must have 1) resided in the United States, 2) worked for the 
United States overseas in a Federal or military capability, or 3) be a dependent of a Federal or 


b6 -1 
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s: 


military employee serving overseas. The requirement may be 
personnel (performing duties for a cumulative total of 1 4 day 
for their specialized and unique skills. These individuals mus' 
citizens or Permanent Resident Aliens. 



H*37 Contractor Suitability - Contract Security Requirements from Acquisition Security 
Unit (ASU), Procurement Section Directive (PSD): 09-1 5,2 04-2(h) 

Access to FBI facilities and information is subject to specific security and suitability 
requirements. The FBI reserves the right and prerogative to deny and/or restrict facility and 
information access of any contractor employee determined by the FBI, at any time during 
performance, to be unsuitable for access and/or present a risk of compromising sensitive 
government information to which he or she would have access to under this contract. 

js will be allotted a reasonable amount of time, determined by the government, to 
employee found not suitable for continued contract performance. Failure to replace 
l^ee may result in a no cost termination for cause by the government. 

Security of Systems and PI I - Contract Security Requirements from Acquisition 
nit (ASU), Procurement Section Directive (PSD): 1 1-24,101 

)08, the Senior Procurement Executive, DOJ, notified the FBI of requirements for 
. Department systems and data, including provisions governing the use of laptops by 
!tors which are to be included in all current and future contracts where a contractor 
handles data that originated within the Department, data that the contractor manages or acquires 
for the Department, and/or data that is acquired in order to perform on the contract and concerns 
Department programs or personnel. Effective immediately if a procurement is expected to result 
in the acquisition of services where the contractor handles data that originated within the 
Department, data that the contractor manages or acquires for the Department, and/or data that is 
acquired in order to perform the contract and concerns Department programs or personnel 
procurement officials are required to incorporate the appropriate special security requirements. 

It should be noted that within Section A, paragraphs a, b, and d apply to all data, even data that 
may not be personally identifiable information (PII). Section B sets forth special security 
requirements that must be used in contracts involving PII obtained by the Department from a 
contractor, such as an information seller or data broker. A request for a waiver from the 
requirement to include these special security requirements, or deviations from the language 
(except those that are more stringent), must be made in writing to the Senior Procurement 
Executive. Permission for a deviation or waiver will only be granted in unusual circumstances. 

H,39 Personnel Security - Contract Security Requirements from Acquisition Security Unit 
(ASU) 



H,39.1 Personnel Security Requirements: 

The administrative control and maintenance of accurate records of contractors has been 
identified by both the Intelligence Community and FBI Executive Management as a matter of 
concern. With the continuous dependency on contractors to support the FBI, to include access to 
FBI facilities and information, if a procurement is expected to result in the acquisition of services 
involving the assignment of contractor personnel to FBI locations the Program Management 
Offiicer/Contracting Officer's Technical Representative (COTR), in coordination with the 
assigned Chief Security Officer, are required to identify during procurement planning stages. 


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whether an acquisition will require assignment of contractor personnel to FBI locations, and 
therefore require the anticipated contract to include the Special Security Clause identified below 
.2. 1 .2 Special Security Requirements: Security Requirements Applicable to Contractor 


in 


Personnel Assigned to FBI Locations: Requirements are applicable to all individuals to be 
assigned to FBI locations, to include those identified as "Key Personnel", if specified in the 
contract. The contractor shall plan for expected attrition through advanced preparation and 
submission of required information. Award of this contract is anticipated to result in assignment 
of contractor personnel to FBI controlled or occupied space. Security and ethical conduct 
requirements, specific to the contract, to include a copy of the "Contractor & FBI Employees 
Ethics Standards Factsheet" are provided. Any questions that the contractor or contractor 
personnel may have on the applicability of thes e requirements shall be addressed to the 
Contracting Of ficer's Security Representative oi at 


lAs such, all contractor personnel assigned to such space must be briefed, in 


advance of arrival, by the contractor on the provided FBI policies and procedures, as identified in 
the contract, regarding ethical conduct and security requirements. A list of assigned Contractor 
personnel and verification of their briefing shall be provided to the cognizant contractor security 
officer for subsequent transmittal to the proper FBI Security Officer assigned oversight of this 
contract. This list must be provided no later than seven (7) days in advance of the individual's 
scheduled date of initial performance at an FBI location. Failure to provide the required 
verification of briefing will result in a delay of the individual's access to the facility. 

Additionally, within 15 days from assignment to FBI space, the employee must attend an FBI 
Security Awareness Briefing, which will further address FBI policies and procedures, as 
identified in FBI's Policy and Guidance Library. This training is currently satisfied through the 
contractor employee's attendance at the Security Division's Career Services Management Unit's 
quarterly contractor's training offered at FBI, 935 Pennsylvania Avenue, NW, Washington, DC. 
The assigned FBI Chief Security Officer will contact the employee with the date and time of 
their scheduled briefing. Failure to attend this briefing or make arrangements to attend a 
subsequent briefing will result in immediate removal of the employee from FBI space. If 
contract performance is impacted as a result of removal of the employee, the contractor may be 
found in default of the contract. In the event that the development of information or material is 
not clearly covered by the contract or regulations, the contractor is required to seek FBI guidance 
regarding its handling of classified and/or unclassified information. Only such persons who have 
been authorized by the Contracting Officer and/or the Chief Security Officer/Contracting 
Officer's Security Representative, if the work is for other than specified personnel, shall be 
assigned to this work. In this connection, for identification purposes, the contractor will be 
required to submit the name, address, place and date of birth of all personnel who will be 
involved in the work hereunder. Said information will be required to be provided to the 
identified Chief Security Officer not later than seven (7) days in advance of the scheduled date of 
such work. Information relating to an individual(s) identified as "Key Personnel" should be 
reported to the Chief Security Officer after the written consent of the Contracting Officer has 
been received. All contractor personnel who receive a security clearance or access approval 
under the terms of this contract will be required to execute a FBI specified nondisclosure 
agreement. The contractor agrees to abide by all applicable FBI security regulations governing 
personnel, facilities, technical, information systems, communications and protective programs. 
The following reporting requirements are to be reported to the identified Chief Security Officer 
as promptly as possible, but in no event later than two (2) business days after receipt of such 
knowledge, a. Adverse Information, Contractors shall report any adverse information coming to 
their attention concerning any of their employees supporting this contract. Adverse information 
is defined as any information that adversely reflect on the integrity or character of an employee 
that suggests that his or her ability to safeguard FBI Sensitive But Unclassified (SBU)/Law 
Enforcement Sensitive (LES) and/or classified information may be impaired, or that his or her 


b6 -1 
b7C -1 


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access to the information clearly may not be in the interest of the FBI and/or National Security, 
b. Suspicious Contacts. Contractors shall report efforts by any individual, regardless of 
nationality, to obtain illegal or unauthorized access to FBI SBU/LES or classified information or 
to compromise an employee, c. Change in Employee Status. Contractors shall report (1) the 
death, (2) a name change, (3) change in marital status, (4) change to performance which alters 
their originally assigned location and FBI Division to which they report, (5) termination of 
employment, d. Employees Desiring Not to Perform on the Contract, e. Evidence that an 
employee no longer wishes to support the contract, f. Official or Unofficial Foreign Travel. 

H*40 Warrantless Search - Contract Security Requirements from Acquisition Security Unit 
(ASU) 

All cleared personnel accessing information within FBI controlled space are required to execute 
FBI Form FD 1001 Consent for Warrantless Searches of Department of Justice (DOJ) 
Workplaces as a condition of working at FBI facilities. The FBI's Director implemented the 
Attorney General's policy subjecting employees to warrantless physical searches of their offices 
or immediate workplaces within DOJ premises when authorized by the Attorney General (AG) 
or the Deputy Attorney General (DAG) based upon a determination that information the 
Department deems credible indicates that the employee: 1 ) is, or may be, disclosing classified 
information in an unauthorized manner; 2) has incurred excessive indebtedness or has acquired a 
level of affluence that can not be reasonably explained by other information; 3) had the 
capability and opportunity to disclose classified information that is believed to have been lost or 
compromised to a foreign power or an agent of a foreign power; or 4) has repeatedly or 
significantly mishandled or improperly stored classified information. The search may extend to 
the entire office or workplace and anything within it that might hold classified information, 
including locked containers (such as briefcases) and electronic storage media (such as computer 
disk and handheld computers), whether owned by the government, by the employee, or by a third 
party. The search may be conducted by appropriate FBI personnel and/or law enforcement 
officers, on an announced or unannounced basis, during the workday or after hours. If 
discovered during a search, evidence of misconduct - whether related to storage or classified 
information, storage of sensitive but unclassified information, or a crime - will be collected and 
reported to appropriate authorities. Contractor personnel who will meet the above criteria will be 
required to sign Form FD 1001 Consent for Warrantless Searches of Department of Justice 
(DOJ) Workplaces (attached) upon award and forward the executed form(s) to the assigned 
Contracting Officer's Technical Representative designated in Section G of the solicitation if this 
is a formal solicitation or listed below. All forms will be retained by the FBI during the period 
the individual is providing services and two years after that individual's departure before final 
disposition is taken. 

H,4I e-QIP - Contract Security Requirements from Acquisition Security Unit (ASU), 
Procurement Section Directive (PSD): 09-22,18 

Performance under this contract may require access to FBI locations to provide some service, 
product, or perform some other official function of interest to the FBI. Requirements, as 
identified below, to include approval by the FBI's Security Division, must be satisfied prior to 
access. Contractors who will require escorted access, to include short-term, intermittent, or 
infrequent access, to an FBI facility must complete an "Access of Non-FBI Personnel to FBI 
Facilities, Background Data Information Form," (FD 816), a "Privacy Act of 1974 
Acknowledgment Form" (FD 484) and two Fingerprint Cards (FD 258). Completed forms 
should be provided to the assigned Contracting Officer's Technical Representative (COTR) at 
least 1 0 days prior to required access. Individuals requiring unescorted access to an FBI facility 


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must complete the Standard Form 86 (SF-86X Questionnaire for National Security Positions, 
using the Office of Personnel Management's Electronic Questionnaires for Investigations 
Processing (e-QIP) and provide two Fingerprint Cards (FD 258). e-QIP is a secure website that 
can be accessed from any computer system which has an Internet connection. Only the signed 
release forms and FD 258 will need to be mailed to the identified Chief Security Officer, the SF- 
86 itself will be transmitted to the FBI electronically. To complete the SF-86 using e-QIP, the 
individual requiring unescorted access to the FBI facility must contact (insert Chief Security 
Officer, Division, and telephone number) in order to be initiated into e-QIP. Once this action has 
been accomplished, the individual should be able to access e-QIP at the following link in order to 
initiate and complete the electronic process: http://www.opm.gov/e-qip/browser-check.asp. 
Thoroughly read and follow the instructions for completing the SF-86. NOTE: To fully address 
suitability/ security issues, the FBI requires individuals to provide responses to questions on the 
SF-86 for the last ten years. Failure to complete the application as instructed may lead to 
significant delays in processing the required investigation and approval for unescorted access. 
Upon logging onto e-QIP, there will be a prompt to answer three “Golden” security questions to 
establish the user account. After completing the electronic SF-86, please print and sign the (1) 
Certification Form (CER) - Certify Completeness and Accuracy of your Investigation Request; 
(2) Medical Release Form (MEL) - Authorization for Release of Medical Information; and (3) 
Release Form (REE) - Authorization for Release of Information. In addition to these SF 86 
release forms, the completion of a Non-Personnel Consent to Release Information (FD-979a), the 
United States Department of Justice Disclosure and Authorization Pertaining to Consumer 
Reports (DOJ 555) are required. Annotation of the assigned e-QIP Investigation Request 
Number on the upper right comer of each document transmitted to the identified Chief Security 
Officer is required for coordination with the electronic transmission and to facilitate the 
investigative process. The e-QIP Investigation Request Number, automatically generated by e- 
QIP, is located on both the header and footer of the signature forms. These release forms (five 
total) and FD 258 should be mailed via Federal Express or UPS Express mail directly to the 
following address: (insert name and address of Chief Security Officer). The use of regular U.S. 
mail channels may cause significant delays in processing the unescorted access request. Upon 
completion of processing the facility access request, the individual will be required to execute a 
non-disclosure agreement suitable for their approved access. 

H,42 DOJ PGD 15-02 -Corporate Representation Regarding Felony Conviction Under Any 
Federal Law or Unpaid Delinquent Tax Liability - Solicitation (Deviation 2015-02) (March 
2015) 

(a) None of the funds made available by the Department' s current Appropriations Act may 
be used to enter into a contract, memorandum of understanding, or cooperative agreement 
with a corporation - 

(1) convicted of a felony criminal violation under any Federal law within the preceding 24 
months, where the awarding agency is aware of the conviction, unless an agency has 
considered suspension or debarment of the corporation and made a determination that this 
further action is not necessary to protect the interests of the Government, or 

(2) that has any unpaid Federal tax liability that has been assessed, for which all judicial and 
administrative remedies have been exhausted or have lapsed, and that is not being paid in 
a timely manner pursuant to an agreement with the authority responsible for collecting 
the tax liability, where the awarding agency is aware of the unpaid tax liability. 

(b) By submitting a response to this solicitation, the offeror represents that, as of the date of 
this offer - 

(1) the offeror is not corporation convicted of a felony criminal violation under any 
Federal or State law within the preceding 24 months; and. 


AP-62 

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(2) the offeror is no! a corporation that has any unpaid Federal or State tax liability that 
has been assessed, for which all judicial and administrative remedies have been 
exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an 
agreement with the authority responsible for collecting the tax liability. 

H.43 Contractor Internal Confidentiality Agreements or Statements Prohibiting or 
Restrictions Reporting of Waste, Fraud, and Abuse-Solicitation (DEVIATION 2015-02) 
(March 2015) 

None of the funds appropriated to the Department under its current Appropriations Act may be 
used to enter into a contract, grant, or cooperative agreement with an entity that requires 
employees or contractors of such entity seeking to report fraud, waste, and abuse to sign internal 
contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or 
law enforcement representative of a Federal department or agency authorized to receive such 
information. By submitting a response to this solicitation, the contractor certifies that it does not 
require employees or contractors of the contractor seeking to report fraud, waste and abuse to 
sign internal confidentiality agreements or statements prohibiting or otherwise restricting such 
employees or contractors from lawfully reporting waste, fraud and abuse to a designated 
investigative or law enforcement representative of a Federal department or agency authorized to 
receive such information. 


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SECTION I - CONTRACT CLAUSES 

The clauses listed below shall apply to this contract if they are not among the GSA Schedule 
Terms and Conditions. 


LI 52*252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) 


This contract incorporates one or more clauses by reference, with the same force and effect as if 
they were given in full text. Upon request, the Contracting Officer will make their full text 
available. 


NUMBER TITLE 


DATE 


52.202- 1 

52.203- 3 

52.203- 5 

52.203- 6 

52.203- 7 

52.203- 8 

52.203- 10 

52.203- 11 

52.203- 12 

52.203- 13 

52.204- 2 

52.204- 4 

52.204- 7 

52.204- 9 
52.209-6 


52.211-5 

52.215- 2 

52.215- 8 

52.215- 11 

52.215- 13 

52.215- 14 

52.215- 15 

52.215- 16 

52.215- 18 

52.215- 21 

52.215- 23 

52.216- 7 

52.216- 8 
52.219-8 


Definitions NOV 2013 

Gratuities APR 1984 

Covenant Against Contingent Fees APR 1984 

Restrictions on Subcontractor Sales to the Government SEPT 2006 
Anti-Kickback Procedures OCT 2010 

Cancellation, Rescission, and Recovery of Funds for Illegal JAN 1997 
or Improper Activity 

Price or Fee Adjustment for Illegal or Improper Activity JAN 1997 
Certification and Disclosure Regarding Payments to SEP 2007 

Influence Certain Transactions 

Limitation on Payments to Influence Certain Federal OCT 2010 
Transactions 


Contractor Code of Business Ethics and Conduct APR 2010 

Security Requirements AUG 1996 

Printed or Copied Double-Sided on Recycled Paper MAY 2011 

System for Award Management JUL 2013 

Personal Identity Verification of Contractor Personnel JAN 2011 
Protecting the Governments Interest When AUG 2013 

Subcontracting with Contractors Debarred, Suspended, 
or Proposed for Debarment 

Material Requirements AUG 2000 

Audit and Records - Negotiation OCT 2010 

Order of Precedence - Uniform Contract Format OCT 1997 

Price Reduction for Defective Cost or Pricing AUG 2011 

Data - Modifications 


Subcontractor Certified Cost or Pricing OCT 2010 

Data — Modifications* 

Integrity of Unit Prices — Alternate I OCT 2010 

Pension Adjustments and Asset Reversions OCT 2010 

Facilities Capital Cost of Money JUN 2003 

Reversion or Adjustment of Plans for Post Retirement JUL 2005 
Benefits (PRB) Other Than Pensions 

Requirements for Certified Cost or Pricing Data or Data OCT 2010 
Other Than Certified Cost or Pricing Data— Modifications 
Limitation on Pass-Through Charges OCT 2009 

Allowable Cost and Payment JUN 2013 

Fixed Fee JUN 2011 

Utilization of Small Business Concerns JUL 2013 


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52.219-9 

Small Business Subcontracting Plan - Alternate 111 

JUL20I3 

52.219-16 

Liquidated Damages - Subcontracting Plan 

JAN 1999 

52.222-1 

Notice to the Government of Labor Disputes 

FEB 1997 

52.222-2 

Payment for Overtime Premiums 

JUL 1990 

52.222-3 

Convict Labor 

JUN 2003 

52.222-12 

Contract Termination - Debarment 

FEB 1988 

52.222-19 

Child Labor - Cooperation with Authorities and Remedies NOV 2013 

52.222-21 

Prohibition of Segregated Facilities 

FEB 1999 

52.222-26 

Equal Opportunity 

MAR 2007 

52.222-35 

Equal Opportunity For Veterans 

SEP 2010 

52.222-36 

Equal Opportunity for Workers with Disabilities 

OCT 2010 

52.222-37 

Employment Reports Veterans 

SEP 2010 

52.222-40 

Notification of Employee Rights Under the National 
Labor Relations Act 

DEC 2010 

52.222-43 

Fair Labor Standards Act and Service Contract Act - 
Price adjustment (Multiple Year and Option Contracts) 

SEP 2009 

52.222-50 

Combating Trafficking in Persons 

FEB 2009 

52.222-54 

Employee Eligibility Verification 

AUG 2013 

52.223-6 

Drug-Free Workplace 

MAY 2001 

52.223-18 

Contractor Policy to Ban Text Messaging While DrivingAUG 2011 

52.224-1 

Privacy Act Notification 

APR 1984 

52.224-2 

Privacy Act 

APR 1984 

52.225-1 

Buy America Act - Supplies 

FEB 2009 

52.225-13 

Restrictions on Certain Foreign Purchases 

JUN 2008 

52.227-1 

Authorization and Consent 

DEC 2007 

52.227-2 

Notice and Assistance Regarding Patent and Copyright 
Infringement 

DEC 2007 

52.227-10 

Filing of Patent Applications - Classified Subject Matter DEC 2007 

52.227-13 

Patent Rights - Ownership by the Government 

DEC 2007 

52.227-14 

Rights in Data - General - Alternate 11 

DEC 2007 

52.227-14 

Rights in Data - General - Alternate III 

DEC 2007 

52.227-15 

Representation of Limited Rights Data and Restricted 



Computer Software 

DEC 2007 

52.227-16 

Additional Data Requirements 

JUNE 1987 

52.227-17 

Rights in Data - Special Works 

DEC 2007 

52.228-7 

Insurance - Liability to Third Persons 

MAR 1996 

52.229-4 

Federal, State, and Local Taxes (State and Local 
Adjustments) 

FEB 2013 

52.230-2 

Cost Accounting Standards 

MAY 2012 

52.230-3 

Disclosure and Consistency of Cost Accounting Practices MAY 2012 

52.230-6 

Administration of Cost Accounting Standards 

JUN 2010 

52.232-1 

Payments 

APR 1984 

52.232-8 

Discounts for Prompt Payment 

FEB 2002 

52.232-9 

Limitation on Withholding of Payments 

APR 1984 

52.232-11 

Extras 

APR 1984 

52.232-17 

Interest 

OCT 2010 

52.232-18 

Availability of Funds 

APR 1984 


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52.232-22 

Limitation of Funds 

APR 1984 

52.232-23 

Assignment of Claims 

JAN 1986 

52.232-25 

Prompt Payment 

JUL 2013 

52.232-33 

Payment by Electronic Funds Transfer — System 

For Award Management 

JUL 2013 

52.233-1 

Disputes 

JUL 2002 

52.233-3 

Protest after Award - Alternate I 

AUG 1996 

52.233-4 

Applicable Law for Breach of Contract Claim 

OCT 2004 

52.237-3 

Continuity of Services 

JAN 1991 

52.242-1 

Notice of Intent to Disallow Costs 

APR 1984 

52.242-3 

Penalties for Unallowable Costs 

MAY 2001 

52.242-4 

Certification of Final Indirect Costs 

JAN 1997 

52.243-1 

Changes - Fixed Price 

AUG 1987 

52.243-2 

Changes - Cost Reimbursement - Alternate I 

APR 1984 

52.244-2 

Subcontracts - Alternate 1 

JUN 2007 

52.244-6 

Subcontracting for Commercial Items 

JUL 2013 

52.245-1 

Government Property 

APR 2012 

52.245-9 

Use and Charges 

APR 2012 

52.246-17 

Warranty of Supplies of a Noncomplex Nature 

JUN 2003 

52.246-20 

Warranty of Services 

MAY 2001 

52.246-23 

Limitation of Liability 

FEB 1997 

52.246-25 

Limitation of Liability - Services 

FEB 1997 

52.248-1 

Value Engineering 

OCT 2010 

52.249-2 

Termination for Convenience of the Government 
(Fixed Price) 

APR 2012 

52.249-6 

Termination (Cost Reimbursement) - Alternate IV 

SEPT 1996 

52.249-8 

Default (Fixed-Price Supply and Service) 

APR 1984 

52.249-14 

Excusable Delays 

APR 1984 

52.251-1 

Government Supply Sources 

APR 2012 

52.253-1 

Computer Generated Forms 

JAN 1991 

522.6 

Walsh Healey Public Contracts Act 

OCT 2010 


1.2 Non-Standard Clauses for Unique Contract Actions 

The following clauses are identified in the Contract, however, these are not standard clauses and 
are not applicable unless clearly identified in a TOPR/TOQR for incorporation into a contract 
award or incorporated after award through a bilateral contract modification. 

52.215-17 Waiver of Facilities Capital Cost of Money OCT 1997 

52.232-13 Notice of Progress Payments APR 1984 

1.3 Clauses Incorporated by Full Teiit 

52.209-9 Updates of Publicly Available Information JUL 2013 

Regarding Responsibility Fvlattcrs 


(a) The Contractor shall update the information in the Federal Awardee Performance and 
Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the 
contract, by posting the required information in the Central Contractor Registration database via 
https : //www . acqui si ti on . gov . 




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(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111- 
212), all information posted in FAPllS on or after April 1 5, 2011, except past performance 
reviews, will be publicly available. FAPllS consists of two segments — 

(1) The non-public segment, into which Government officials and the Contractor post 
information, which can only be viewed by — 

(i) Government personnel and authorized users performing business on behalf of the 
Government; or 

(ii) The Contractor, when viewing data on itself; and 

(2) The publicly-available segment, to which all data in the non-public segment of FAPllS is 
automatically transferred after a waiting period of 14 calendar days, except for — 

(i) Past performance reviews required by subpart 42. 15; 

(ii) Information that was entered prior to April 1 5, 201 1 ; or 

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the 
Government official who posted it in accordance with paragraph (c)(1) of this clause. 

(c) The Contractor will receive notification when the Government posts new information to the 
Contractor' s record. 

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who 
posted the information, that some of the information posted to the non-public segment of FAPllS 
is covered by a disclosure exemption under the Freedom of Information Act, the Government 
official who posted the information must within 7 calendar days remove the posting from 
FAPllS and resolve the issue in accordance with agency Freedom of Information procedures, 
prior to reposting the releasable information. The contractor must cite 52.209-9 and request 
removal within 7 calendar days of the posting to FAPllS. 

(2) The Contractor will also have an opportunity to post comments regarding information that 
has been posted by the Government. The comments will be retained as long as the associated 
information is retained, /.c., for a total period of 6 years. Contractor comments will remain a part 
of the record unless the Contractor revises them. 

(3) As required by section 3010 of Pub. L. 1 1 1-212, all information posted in FAPllS on or after 
April 15, 2011, except past performance reviews, will be publicly available. 

(d) Public requests for system information posted prior to April 15, 201 1, will be handled under 
Freedom of Information Act procedures, including, where appropriate, procedures promulgated 
under E.O. 12600. 


(End of clause) 

52.215-19 Notification of Ownership Changes OCT 1997 

(a) The Contractor shall make the following notifications in writing: 

(1) When the Contractor becomes aware that a change in its ownership has occurred, or is 
certain to occur, that could result in changes in the valuation of its capitalized assets in 
the accounting records, the Contractor shall notify the Administrative Contracting Officer 
(ACO) within 30 days. 

(2) The Contractor shall also notify the ACO within 30 days whenever changes to asset 
valuations or any other cost changes have occurred or are certain to occur as a result of a 
change in ownership. 


(b) The contractor shall 


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s: 


(1) Maintain current, accurate, and complete inventory records of assets and their costs; 

(2) Provide the ACO or designated representative ready access to the records upon 
request; 

(3) Ensure that all individual and grouped assets, their capitalized values, accumulated 
depreciation or amortization, and remaining useful lives are identified accurately before 
and after each of the Contractor's ownership changes, and 

(4) Retain and continue to maintain depreciation and amortization schedules based on the 
asset records maintained before each Contractor ownership change. 

(c) The Contractor shall include the substance of this clause in all subcontracts under this 
contract that meet the applicability requirement of FAR 15.408(k). 

(End of Clause) 


52.217-8 Option to Extend Services NOV 1999 

The Government may require continued performance of any services within the limits and at the 
rates specified in the contract. These rates may be adjusted only as a result of revisions to 
prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised 
more than once, but the total extension of performance hereunder shall not exceed 6 months. The 
Contracting Officer may exercise the option by written notice to the Contractor within ^ days. 

(End of Clause) 


52.244-6 Subcontracts for Commercial Items - Alternate lOCT 2010 

(a) Definitions. As used in this clause— 

"Commercial item," has the meaning contained in Federal Acquisition Regulation 2.101, 
Definitions. 

"Subcontract," includes a transfer of commercial items between divisions, subsidiaries, or 
affiliates of the Contractor or subcontractor at any tier. 

(b) To the maximum extent practicable, the Contractor shall incorporate, and require its 
subcontractors at all tiers to incorporate, commercial items or non-developmental items as 
components of items to be supplied under this contract. 

(c) (1) The Contractor shall insert the following clauses in subcontracts for commercial 
items: 

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (APR 2010) (Pub. 
L. 1 10-252, Title VI, Chapter 1) (41 U.S.C. 251 note), if the subcontract exceeds 
$5,000,000 and has a performance period of more than 120 days. In altering this clause to 
identify the appropriate parties, all disclosures of violation of the civil False Claims Act 
or the Federal criminal law shall be directed to the agency Office of the Inspector 
General, with a copy to the Contracting Officer. 

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and 
Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L 1 1 1-5), if the subcontract 
is funded under the Recovery Act. 


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(iii) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 
637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the 
subcontract (except subcontracts to small business concerns) exceeds $650,000 
($1,500,000 for construction of any public facility), the subcontractor must include 
52.219-8 in lower tier subcontracts that offer subcontracting opportunities. 

(iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 1 1246); 

(v) 52.222-35, Equal Opportunity for Veterans (SEPT 2010) (38 U.S.C. 4212(a)); 

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 
U.S.C. 793); 

(vii) [Reserved] 

(viii) 52.222-50, Combatir[g Trafficking in Persons (FEB 2009) (22 U.S.C. 
7104(g)). 

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels 
(FEB 2006) (46 U.S.C. App 1241 and 10 U.S.C. 2631) flow down required in accordance 
with paragraph (d) of FAR clause 52.247-64). 

(2) While not required, the Contractor may flow down to subcontracts for commercial 
items a minimal number of additional clauses necessary to satisfy its contractual obligations. 

(d) The Contractor shall include the terms of this clause, including this paragraph (d), in 
subcontracts awarded under this contract. 

(End of Clause) 

Alternate I (June 2010). As prescribed in 44.403(b), the Contracting Officer shall substitute the 
following paragraph (d) for paragraph (d) of the base clause, and add the following paragraph 

(e) : 

(d) The Contractor shall include the terms of this clause, including this paragraph (d), but not 
including paragraph (e), in subcontracts awarded under this contract. 

(e) To the maximum extent practicable, when the Contractor acts as a purchasing agent for the 
Government with respect to a purchase that exceeds the simplified acquisition threshold, the 
Contractor shall conduct market research (10 U.S.C. 2377(c)) to- 

(i) Determine if commercial items or, to the extent commercial items suitable to meet the 
agency' s needs are not available, non -developmental items are available that - 

(A) Meet the agency' s requirements; 

(B) Could be modified to meet the agency' s requirements; or 

(C) Could meet the agency' s requirements if those requirements were modified to 
a reasonable extent, and 

(ii) Determine the extent to which commercial items or non-developmental items could 
be incorporated at the component level. 


(End of Clause) 


52.252-4 Alterations in Contract APR 1984 

Portions of this contract are altered as follows: 


AP-69 

Page 43 of 54 


(End of clause) 



AP-70 

Page 44 of 54 


SECTION 9 -LIST OF ATTACHMENTS 


ATTACHMENT A: 
ATTACHMENTS: 
ATTACHMENT C: 


SECTION A- SF-33 
STATEMENT OF WORK 

CONTRACTOR'S CERTIFICATION OF COMPLIANCE WITH 
FEDERAL TAX REQUIREMEMT 


AP-71 

Page 45 of 54 


ATTACHMENT A: 


AP-72 

Page 46 of 54 


ATTACHMENT B: 


APPENDIX 1 

PED MITIGATION TABLE for NON-SCIF AREAS 



Approval and 

Mitigation 



Registration 

Required Prior to 

Introduction 

PED 

Required 

Use 

Permitted 

Functionalities 

No Wireless or 

No 

None 

Yes 

Recording 

Capabilities 

Single Function 

RF Receiver 

No 

None 

Yes 

(Pager, AM/FM 
Radio) 

Single-function 

Cell Phone and 

No 

None 

Yes 

One-way Pagers 
Infrared (IR) 

Yes 

Metal Tape; or 

Yes 

Capability 


Physically 

Disabled 


Govemment/Contr 

Yes 

Adaptor/ Erase 

Yes 

actor Laptop with 
Microphone 

Image Capturing 
or Camera 

No 

Plug2 


Capabilities 

RF Capability* 

No 




Note: This table 
applies only to 
PED use in non- 
SCiF areas of an 
FBi-controUed 
facility. 


PED Use 
Permitted 

Yes 

Yes 

Yes 

Yes 

PROHIBITED 

PROHIBITED 

PROHIBITED 


AP-74 

Page 48 of 54 


ATTACHMENT C: 


CONTRACTOR’S CERTIFICATION OF COMPLIANCE WITH 
FEDERAL TAX REQUIREMEMT 



FEDERAL BUREAU OF INVESTIGATION 



PROCUREMENT-SENSITIVE 

CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL TAX 

REQUIREMENTS 


By submitting a response to a solicitation, request for quotation, or accepting contract award, the 
Contractor certifies that, to the best of its knowledge an belief, the Contractor has: 

(1) filed all Federal Tax returns required during the three years preceding the 
certification, 

(2) has not been convicted of a criminal offense under the Internal 
Revenue Code of 1 986, 

(3) has not, more than 90 days prior to certification, been notified of any unpaid 
Federal tax assessment for which the liability remains unsatisfied, unless the 
assessment is the subject of an installment agreement or offer in compromise that 
has been approved by the Internal Revenue Service and is not in default, or the 
assessment is the subject of a non-frivolous administrative or judicial proceeding. 


Authorized Signature 


Date 




AP-75 

Page 49 of 54 


SECTION K-REPRESENTATION, CERTIFICATION 
AND OTHER STATEMENTS 

THIS PAGE IS INTENTIONALLY LEFT BLANK 


AP-76 

Page 50 of 54 


s, 


SECTION L - INSTRUCTIONS FOR RFP SUBMISSION AND EVALUATION 

CRITERIA 

L*1 52.252-1 Solicitation Provisions Incorporated by Reference FEB 1998 

This solicitation incorporates one or more solicitation provisions by reference, with the same 
force and effect as if they were given in full text. Upon request, the Contracting Officer will 
make their full text available. The offeror is cautioned that the listed provisions may include 
blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of 
submitting the full text of those provisions, the offeror may identify the provision by paragraph 
identifier and provide the appropriate information with its quotation or offer. 

(End of provision) 


FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1 ) CLAUSES 


52.204-6 

52.214- 34 

52.214- 35 

52.215- 1 

52.215- 20 

52.215- 22 

52.222-46 

52.216- 1 


Data Universal Numbering System (DUNS) Number JUL 2013 

Submission of Offers in the English Language APR 1991 

Submission of Offers in U.S. Currency APR 1991 

Instructors to Offerors — Competitive Acquisition JAN 2004 

Requirements for Certified Cost or Pricing Data and OCT 2010 

Data Other Than Certified Cost or Pricing Data 

Limitations on Pass-Through Charges - Identification of OCT 2009 
Subcontract Effort 

Evaluation of Compensation for Professional Employees FEB 1993 

Type of Contract APR 1984 


The Government contemplates a single IDIQ type contract resulting from this solicitation. The 
Government anticipates awarding Task Orders across the range of contract types available 
depending upon the nature of the requirements of the individual Task Order, 


(End of Provision) 


52.233-2 Service of Protest (Sep 2006) 

(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed 
directly with an agency, and copies of any protests that are filed with the Government 
Accountability Office (GAO), shall be served on the Contracting Officer (CO) (addressed as 
follows) by obtaining written and dated acknowledgment of receipt from: 

Federal Bureau of Investigation 
Attn: 

935 Pennsylvania Ave., NW 
Washington, DC 20535 


AP-77 


(b) The copy of any protest shall be received in the office designated above within one day of 
filing a protest with the GAO. 


(End of provision) 

JAR 2852,233-70 Protests Filed Directly With the Department of Justice 
1998 

(a) The following definitions apply in this provision: 

(1) "Agency Protest Official" means the official, other than the 
Contracting Officer, designated to review and decide procurement 
protests filed with a contracting activity of the Department of 
Justice. 

(2) "Deciding Official" means the person chosen by the protestor to 
decide the agency protest, it may be either the Contracting 
Officer or the Agency Protest Official . 

(3) "Interested Party" means an actual or prospective Offeror whose 
direct economic interest would be affected by the award of a 
contract or by the failure to award a contract. 

(b) A protest filed directly with the Department of Justice must: 

(1) Indicate that it is a protest to the agency 

(2) Be filed with the Contracting Officer 

(3) State whether the protestor chooses to have the Contracting 
Officer or the Agency Protest Official decide the protest. If 
the protestor is silent on this matter, the Contracting Officer 
will decide the protest. 

(4) Indicate whether the protestor prefers to make an oral or 
written presentation of arguments in support of the protest 
to the deciding official. 

(5) Include the information required by FAR 33.102(a)(2): 

(i) Name, address, facsimile number and telephone number of 
the protestor. 

(ii) Solicitation or contract number. 

(iii) Detailed statement of the legal and factual grounds for 
the protest, to include a description of resulting 
prejudice to the protestor. 

(iv) Copies of relevant documents. 

(v) Request for a ruling by the agency. 

(vi) Statement as to the form of relief requested. 

(vii) All information establishing that the protestor is an 
interested party for the purpose of filing a protest. 

(viii) All information establishing the timeliness of this 
protest. 


JAN 


AP-78 

Page 52 of 54 


(c) An interested party filing a protest with the Department of Justice has the choice of 
requesting either that the Contracting Officer or the Agency Protest Official decide the 
protest. 

(d) The decision by the Agency Protest Official is an alternative to a decision by the 
Contracting Officer. The Agency Protest Official will not consider appeals from the 
Contracting Officer's decision on an agency protest. 

(e) The deciding official must conduct a scheduling conference with the protestor within five 
(5) days after the protest is filed. The scheduling conference will establish deadlines for 
oral or written arguments in support of the agency protest and for many officials to 
present information in response to the protest issues. The deciding official may hear oral 
arguments in support of the agency protest at the same time as the scheduling conference, 
depending on availability of the necessary parties. 

(f) Oral conferences may take place either by telephone or in person. Other parties may 
attend at the discretion of the deciding official. 

g) The protestor has only one opportunity to support or explain the substance of its protest. 
Department of Justice procedures do not provide for any discovery. The deciding official 
may request additional information from either meeting to the maximum extent 
practicable. 

(h) An interested party may represent itself or be represented by legal counsel. The 
Department of Justice will not reimburse the protestor for any legal fees related to the 
agency protest. 

(i) The Department of Justice will stay award or suspend contract Performance in 
accordance with FAR 33.103(f). The stay or suspension unless over-ridden, remains in 
effect until the protest is decided, dismissed, or withdrawn. 

(i) The deciding official will make a best effort to issue a decision on the protest within 
twenty (20) days after the filing date. The decision may be oral or written. 

(k) The Department of Justice may dismiss or stay proceeding on an agency protest if a 

protest on the same or similar basis is filed with a protest forum outside the Department 
of Justice. 

(End of Clause) 

L,2 Costs Incurred by Responding to the Solicitation 

The government shall not reimburse any costs incurred by recipients of this solicitation 

documentation resulting from the formulation a proposal or response to this solicitation. 

L,3 Commitment 




AP-79 

Page 53 of 54 




The CO is the only individual who can legally commit the Government to the expenditure of 
public funds in connection with the proposed procurement. Any other commitment, either 
explicit or implied, is invalid. 

LA Discrepancies 

If an offeror believes that the requirements in these instructions contain an error, omission, or are 
otherwise unsound, the offeror should notify the CO in writing with supporting rationale. The 
offeror is reminded that the Government reserves the right to award this effort based on the 
initial proposal, as received, without discussions. 

L.5 Omissions 

Failure to submit any of the information requested by this solicitation may be cause for 
unfavorable consideration. 

L.6 Confidential Information and Freedom of Information Act 
L,6,I The Freedom of Information Act (FOIA) and its amendments have resulted in an 
increasing number of requests from outside the Government for copies of contract qualifications 
and proposals submitted to federal agencies. If an Offeror' s submissions contain information 
that he/she believes should be withheld from such requestors under FOIA on the grounds that 
they contain “trade secrets and commercial or financial information” [5 USC §552(b)(4)], the 
Offeror should mark its submissions in the following manner: 


L,6,2 The following notice should be placed on the title page: “Some parts of this document, as 
identified on individual pages, are considered by the submitter to be privileged or confidential 
trade secrets or commercial or financial information not subject to mandatory disclosure under 
the Freedom of Information Act. Material considered privileged or confidential on such grounds 
is contained on page(s) .” 

L.6.3 Each individual item considered privileged or confidential under FOIA should be marked 
with the following notice: “The data or information is considered confidential or privileged, and 
is not subject to mandatory disclosure under the Freedom of Information Act.” 

L,7 Proposal Instructions 
L,7,I General Proposal Instructions 

Submit proposal to 


Contracting Officer 

Federal Bureau of Investigation 


b6 -1 
b7C -1 


L.7.1.1 Contracting Approach 

The contract will be procured under the FAR Part 15 Negotiated competitive acquisition 
procedures. The procurement will result in a single award. 


AP-80 

Page 54 of 54 


U.S. Department of Justice 



Federal Bureau of Investigation 

Washington, D.C. 20535 

January 6, 2017 


THE ASSOCIATED PRESS 
450 WEST 33^° STREET 
NEW YORK, NY 10001 


FOlPA Request No.: 1349800-0 
Case No.: 16-cv-01850 

Subject: OUTSIDE PARTY CONTRACT/ FEES FOR 
OPENING SYED FAROOK IPHONE 


Dear Eric Tucker: 

The enclosed documents were reviewed under the Freedom of Information Act (FOIA), Title 5, United States 
Code, Section 552. Deletions have been made to protect information which is exempt from disclosure, with the 
appropriate exemptions noted on the page next to the excision. In addition, a deleted page information sheet was 
inserted in the file to indicate where pages were withheld entirely. The exemptions used to withhold information are 
marked below and explained on the enclosed Explanation of Exemptions: 


Section 552 


Section 552a 

W (b)(1) 

r (b)(7)(A) 

r (d)(5) 

r (b)( 2 ) 

r (b)(7)(B) 

r (j)(2) 

^ (b)(3) 

P (b)(7)(C) 

r (k)(i) 

50 U.S.C, Section 3024 (i)(1) 

r (b)(7)(D) 

r (k)( 2 ) 


(b)(7)(E) 

r (k)(3) 


r (b)(7)(F) 

r (k)(4) 

R (b)(4) 

r (b)(8) 

r (k)(5) 

r (b)(5) 

r (b)(9) 

r (k)(6) 

R (b)(6) 


r (k)(7) 


123 pages were reviewed and 100 pages are being released. 

Document(s) were located which originated with, or contained information concerning, other Government 

Agency (ies) [OGA]. 

This information has been referred to the OGA(s) for review and direct response to you. 

I” We are consulting with another agency. The FBI will correspond with you regarding this information 
when the consultation is completed. 

^ In accordance with standard FBI practice and pursuant to FOIA exemption (b)(7)(E) and Privacy Act 
exemption (])(2) [5 U.S.C. § 552/552a (b)(7)(E)/(])(2)], this response neither confirms nor denies the existence 
of your subject's name on any watch lists. 

For your information. Congress excluded three discrete categories of law enforcement and national security 
records from the requirements of the FOIA. See 5 U.S. C. § 552(c) (2006 & Supp. IV (2010). This response is 
limited to those records that are subject to the requirements of the FOIA. This is a standard notification that is given 
to all our requesters and should not be taken as an indication that excluded records do, or do not, exist. Enclosed for 
your information is a copy of the Explanation of Exemptions. 


For questions regarding our determinations, visit the www.fbi.qov/foia website under “Contact Us.” 

The FOlPA Request Number listed above has been assigned to your request. Please use this number in all 
correspondence concerning your request. Your patience is appreciated. 

Although your request is in litigation, we are required by 5 USC § 552 (a)(6)(A) to provide you the following 
information concerning your right to appeal. You may file an appeal by writing to the Director, Office of Information 
Policy (OIP), United States Department of Justice, Suite 1 1 050, 1 425 New York Avenue, NW, Washington, D.C. 
20530-0001 , or you may submit an appeal through OIP's FOIAonline portal by creating an account on the following web 
site: https://foiaonline.reaulations.aov/foia/action/public/home . Your appeal must be postmarked or electronically 
transmitted within ninety (90) days from the date of this letter in order to be considered timely. If you submit your 
appeal by mail, both the letter and the envelope should be clearly marked “Freedom of Information Act Appeal.” 
Please cite the FOlPA Request Number assigned to your request so that it may be easily identified. 


The enclosed material is from the main investigative file(s) in which the subject(s) of your request was the 
focus of the investigation. Our search located additional references, in files relating to other individuals, or matters, 
which may or may not be about your subject(s). Our experience has shown when ident, references usually contain 
information similar to the information processed in the main file(s). Because of our significant backlog, we have 
given priority to processing only the main investigative file(s). If you want the references, you must submit a 
separate request for them in writing, and they will be reviewed at a later date, as time and resources permit. 


See additional information which follows. 


Sincerely, 



David M. Hardy 
Section Chief 
Record/Information 


Dissemination Section 
Records Management Division 


Enclosure(s) 


The enclosed documents represent the final release of information responsive to your Freedom of Information 
Acts (FOIA) request. 


This material is being provided to you at no charge. 


EXPLANATION OF EXEMPTIONS 


SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552 

(b)(1) (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy 

and (B) are in fact properly classified to such Executive order; 

(b)(2) related solely to the internal personnel rules and practices of an agency; 

(b)(3) specifically exempted from disclosure by statute (other than section 552b of this title), provided that such statute (A) requires that the matters 

be withheld from the public in such a manner as to leave no discretion on issue, or (B) establishes particular criteria for withholding or refers to 
particular types of matters to be withheld; 

(b)(4) trade secrets and commercial or financial information obtained from a person and privileged or confidential; 

(b)(5) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the 
agency; 

(b)(6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; 

(b)(7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or 

information ( A ) could reasonably be expected to interfere with enforcement proceedings, ( B ) would deprive a person of a right to a fair trial 
or an impartial adjudication, ( C ) could reasonably be expected to constitute an unwarranted invasion of personal privacy, ( D ) could 
reasonably be expected to disclose the identity of confidential source, including a State, local, or foreign agency or authority or any private 
institution which furnished information on a confidential basis, and, in the case of record or information compiled by a criminal law 
enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence 
investigation, information furnished by a confidential source, ( E ) would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law, or ( E ) could reasonably be expected to endanger the life or physical safety of any 
individual; 

(b)(8) contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the 
regulation or supervision of financial institutions; or 

(b)(9) geological and geophysical information and data, including maps, concerning wells. 

SUBSECTIONS OF TITLE 5, UNITED STATES CODE, SECTION 552a 

(d)(5) information compiled in reasonable anticipation of a civil action proceeding; 

(j) (2) material reporting investigative efforts pertaining to the enforcement of criminal law including efforts to prevent, control, or reduce crime or 

apprehend criminals; 

(k) (l) information which is currently and properly classified pursuant to an Executive order in the interest of the national defense or foreign policy, 

for example, information involving intelligence sources or methods; 

(k)(2) investigatory material compiled for law enforcement purposes, other than criminal, which did not result in loss of a right, benefit or privilege 
under Eederal programs, or which would identify a source who furnished information pursuant to a promise that his/her identity would be held 
in confidence; 

(k)(3) material maintained in connection with providing protective services to the President of the United States or any other individual pursuant to 
the authority of Title 18, United States Code, Section 3056; 

(k)(4) required by statute to be maintained and used solely as statistical records; 

(k)(5) investigatory material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Eederal civilian employment 
or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a 
promise that his/her identity would be held in confidence; 

(k)(6) testing or examination material used to determine individual qualifications for appointment or promotion in Eederal Government service he 
release of which would compromise the testing or examination process; 

(k)(7) material used to determine potential for promotion in the armed services, the disclosure of which would reveal the identity of the person 
who furnished the material pursuant to a promise that his/her identity would be held in confidence. 


EBI/DOJ 



ALL II-ITOBiiATIOl-I COlfTAIHEC 
HEREIH IS UITCLASSIFIEE EXCEPT 
s'fflERE SHOsfl'I OTHERWISE 


CLASSIEIEII 3Y: KSICG J7eJlSTS0 
REASON; 1.4 {O'. 

DECLASSIF-ji CIT: 12 -31-20 41 

DATE. 11-2-5-201? ^ 

^Eei^X// ORCON//NOrORN 
ATTACHMENT C: 

CONTRACTOR’S CERTIFICATION OF COMPLIANCE WITH 
FEDERAL TAX REQUIREMEMT 


FEDERAL BUREAU OF INVESTIGATION 




PROCUREMENT-SENSITIVE 

CONTRACTOR CERTIFICATION OF COMPLIANCE WITH FEDERAL TAX 

REQUIREMENTS 


By submitting a response to a solicitation, request for quotation, or accepting contract award, the 
Contractor certifies that, to the best of its knowledge an belief, the Contractor has; 

{ 1 ) tiled all Federal Tax returns required during the three years preceding the 
certification, 

(2) has not been convicted of a criminal offense under the Internal 
Revenue Code of 1986. 


(3) has not, more than 90 days prior to certification, been notified of any unpaid 
Federal tax assessment for which the liability remains unsatisfied, unless the 
assessment is the subject of an installment agreement or offer in compromise that 
has been approved by the Internal Revenue Service and is not in default, or the 
assessment is the subject of a non-frivolous administrative or judicial proceeding. 


:s) 

bl -1 
b3 -1 
b6 -2 
b7C -2 


i 






^^^lfe/ /ORCON//?<OrORP^ 


Paee49ofS4 


AP-82 


FEDERAL BUREAU OF INVESTIGATION 
FOI/PA 

DELETED PAGE INFORMATION SHEET 
Civil Action# 16-cv-01850 

Total Deleted Page(s) = 2 

Page 1 - bl - 1; b3 - 1; b4 - 1; b6 - 1, 2; b7C - 1, 2; b7E - 2; 

Page 2 - bl - 1; b3 - 1; b4 - 1; b6 - 1, 2; b7C - 1, 2; b7E - 2; 

xxxxxxxxxxxxxxxxxxxxxxxx 

X Deleted Page {s ) X 

X No Duplication Fee X 

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XXXXXXXXXXXXXXXXXXXXXXXX 




jXgt ^RCON/NOPORN 

Department, of Justice 
Federal Bureau of Investigation 


CLASSIFIEC BY: NSICC J7€JiSTaO 
PZASOT: 1.4 iZ> 

EECLAS3I.rY OU: 12-31-2041 
CATE: 11-25-2015 


ALL INFORIIATIOII COtTT AIMED WashinglOH, DC .:.0d35 

HEREIN IS mC.LASSiriED EXCEPT 
IVHEPE SHOInTT GTHESVilSE 



4 . 


AO k ^-99r<;lingr.^d mmt of comacu 


b6 - 
b7C 


Thank you tor your cooper ation in this mat[er> Should you have any questions regardin g this 
requircenent you tnay contact me at 


Sincerely, 



hS -1 
b7C -1 
b7E “1 




t// ORCOH/r ' JOrORN) 


AP-24 








7SJ19TSGI 


ALL IMFORliATIOt-T CQtlTAIMED 


CLASSIFIED BY: NSICG J 
REA3QM: 1 . 4 iC) 

DECLASS ir/ OtT: 12-S1-2Q41 
DATE ll-23-2ai6 

Requisition f 


j 

Requisition Number: 




Requisition Date : 03/21/2016 

b3 -1. 

b6 -1 

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Drafte<I Bi 


PDFGenerate<Ion: 03/23/2010 07:25 AM 

b7C -1 

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REQUISITION INFORMATION 

b7E -2 

L 



HEREIN IS TOC.LA33IFIED EEC 
SHDivlJ OTHERt^CTSE 


tatement of Need 


iPT 


bl -1 



Requisition for Goods or Services: Statement of Need 


bl -1 
b3 -1 
b4 -1 
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APPROVER JNFORMA I JON T 


Division Unit Chief: 

Division Section Chief: 

Division Deputy Assistant Director: 
Division Assistant Director: 


hS -1 
bVC -1 



AP-123 




FEDERAL BUREAU OF INVESTIGATION 
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CLASSIFIED BV MSICG j7SJ18T80 

t| I|V I Ml 1^ l^^i' M _ BEASatJ: 1.4 iZ) 

I DECLASSIF'/ OTT: 12 - 51-2041 

I DATE.: 11 - 23-2015 

ALL IWTCjRilATIOI'T COWTAIITEC 
BEREIH IS UlTCLASSIFIEE EXCEPT 
\-^EERK SHOi^^I 4 OTHERWISE 

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'FED'BW^ BUREAU OF INVESTIGATION 

PROCUBSI^NT-sjSNSITXVS AND SENSITIVE INFOBMATXOH JS) 

NOH-DISCLOSUKE AOREEMENT 









KLL IMTORl^i^TIOl'T COITTAIITEC 
HEREIN IS mTCLASSIFIEE EXCEPT 
SEJQ^VH OTHERWISE 


CLASSIFIED BY: MSICC C7SJ1STS0 
REASOt'I: 14 (C> 


DECLASSIFY OIT: 12-31-2041 
CATE : il-25-201S 


^SEeg^A ^CQNA^fOFORN 


Security Addendum for Requisition 


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(U) The above-referenced procurement request was reviewed in order to make a 
determination as to whether it should be relieved of the "full and open competition” requirements 
of the FAR for security reasons. 


^/Nf^lTie FBI is the principal investigative arm of the United States Department of 
Justice charged with gathering and reporting facts, locating witnesses, and obtaining evidence in 
cases involving Federal jurisdiction. The mission of the i'Bl's Operational Technology Division 
(OTD) is to provide technical and forensic services to the I'BI and other law enforcement agencies 
and support their ability to conduct lawfully authorized electronic surveillance. The OTD engages 
in developmental projects and activities that provide technical, forensic, collection, surveillance, 
and tactical communications capabilities law enforcement needs to accomplish its objectives. 

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The basis for the sole source arises under 

Federai Acquisition Regulation (FAR) Subpart 6.302-6 \v1iich slates thal 'Tull and open 
competition need not be provided for when the disclosure of the agency’s needs would 
compromise the nationai security unles^ the agency is nemutted to limit the number of sntirccs 
from which it solicits bid or proposals,’ 



Derived Fjsi5P^FeiSSlC-20130301 
Declassify On: 

^^iRfr^^roriwoFOTTN 


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AP-118 



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3n December 2, 201 5, Sayed Farook and his wife opened fire on approximately 80 
ot his coworkers at the San Bernadino Department of Public Health holiday parly. Fourteen 
people were killed and twenty were injured. The attack was deemed a terrorist incident. The 
FBI, which has lead agency investigative authority for counterterrorism matters, took charge of the 
investigation. One challenge the FBI encountered, as it conducted its investigation, was the 
inability to access data on the iphonc 5C that San Bernadino County issued Farook in connection 
with his employment. The data is potentially critical to the FBI’s investigation, as it could reveal, 
among other things, terrorist ties and individual contacts maintained by Farook. Exploiting this 
information could help the FBI determine whether the attack in San Bernadino was an isolated 
incident or whether it was part of a broader plan supported by a terrorist network. 


(U) Tlie FBI’s inability to access Farook’s data was due to the encryption features 
deployed by Apple’s iOS 9.0.2, the operating system. In an effort to compel Apple’s assistance in 
extracting the data it sought, the FBI obtained, in February 2016, an order mandating such 
assistance from Sheri Pym, Magistrate Judge for the Central District of California. Apple 
contested that order and legal proceedings ensued. During the course of those proceedings, the 
FBI continued to search for a way to access Farook’s data without Apple’s assistance. 



AP-119 



AP-120 



^gR^// ORCO?</j?<OrORN . 



(U) The contractor does not require connectivii^' or access to FBI classified networks, or 
classified information in order to succt;:^fuil)' provide products or services. The contractor will 
require infrequent, escorted access to FBI facilitqis in order to. Bjuvide product demonstrations and 
status updates to FBI personnel. 



(U) It is my determination that a FedBizOps synopsis cannot be worded to preclude the 
disclosure of the FBTs needs and that such a disclosure would compromise national security. 
Based on 41 U.S.C. 253tcX6) and within the meaning of FAR Part 5.202(aXI) it is therefore 
recommended that no advertisement accompany this procurement. 


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Operational Technology Division 


/ /OIifrON//NOFORN 


AP-121 


FEDERAL BUREAU OF INVESTIGATION 
FOI/PA 

DELETED PAGE INFORMATION SHEET 
Civil Action# 16-cv-01850 


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